Following the introduction of the Government’s Levelling Up and Regeneration Bill  to the House of Commons on 11 May 2022, we follow up on our article Levelling Up – Government to play matchmaker on the high street? with an overview of the proposed legislation.

In brief, the Levelling Up and Regeneration Bill  (the “Bill”) establishes a statutory notice procedure to be followed by local authorities before a rental auction can be carried out and the landlord required to grant a short-term tenancy to the “successful bidder”.

Continue Reading Levelling Up and Regeneration Bill – High Street Rental Auctions

Last week the UK Government published its long-awaited proposals for reform of the planning system in England and Wales, in the Levelling-Up and Regeneration Bill.

Back in June 2020, radical reforms to the planning system were proposed, including introducing zoning and deemed planning permission in designated growth areas.  Despite the abandonment of these far-reaching reforms, the proposals set out in the Bill, are significant.  The main changes are as follows.

Central Government will take a much greater role in planning

This will be achieved by the introduction of a new suite of National Development Management Policies which will set out generic planning policies applicable across the country.  Local Plans will be expected to restrict themselves to purely local issues.  The expectation is that this will provide greater consistency in decision-making and help with the speedy production of up-to-date Local Plans.  This is backed by a new statutory provision to the effect that applications are to be determined in accordance with the Local Plan and National Development Management Policies and if there is a conflict between the two, national policies will prevail.

This is a significant cultural shift from the position to date under which locally-determined policies should prevail.  There is also some scepticism about the production of a whole new suite of national policies: is this a return to the days of PPGs which were swept away on the grounds that these were too unwieldy and bureaucratic?

Continue Reading Levelling Up and Planning Reform

The Government’s recent Levelling Up the United Kingdom White Paper announced the intention to give local authorities the power to require landlords to rent out long-term vacant properties on the high street to tenants such as local businesses and community groups. This is primarily targeted at addressing the social problems associated with high streets that have high vacancy rates. Very little detail has so far been announced and we await the release of the Levelling Up Bill after the Queen’s Speech on 10 May 2022.

In this article we will consider some questions arising out of the White Paper, and we will follow up on the detail once the Bill is released.

Continue Reading Levelling Up – Government to play matchmaker on the high street?

Introduction

From the Domesday Book of William the Conqueror, to the establishment of the Land Registry, identifying the owner of a piece of land has had a long history in the UK.  Whilst William wanted to know the extent of his conquered lands so he could tax his new subjects, and land registration was introduced to make conveyancing and mortgages easier, the Economic Crime (Transparency and Enforcement) Act (the “Act”) has a more high minded purpose.  It is intended to make public the “real” identity of foreign proprietors owning land in the UK and thus discourage bad actors from investing in English real estate.

Continue Reading The Economic Crime (Transparency and Enforcement) Act: what to expect

The Pandora Papers confirmed how attractive the UK, especially London and the South East, is for foreign property investors.   This post considers what foreign investors need to know about transparency and land ownership in England and Wales and what is on the horizon.

Close to 90% of land in England and Wales is registered at Her Majesty’s Land Registry, and transaction involving unregistered land will trigger a registration requirement. The title gives basic information about a parcel of land, including the name and address of the registered proprietor.  Non-natural legal personalities such as companies, limited liability partnerships, and charities can own land, and of course there is no restriction on non-UK entities owning land.

Continue Reading The Pandora Papers: overseas investment set to become more transparent

Earlier this year, the UK Government reconfirmed its intention to bring forward residential leasehold reforms following the Law Commission’s recommendations last year. The proposed changes are expected to benefit up to 4.5 million leaseholders.

The news will no doubt be welcomed by leasehold homeowners who have been campaigning for changes to what they perceive to be unfair ground rent laws. However, the impact on developers, house builders and landlords, is less clear, but it is likely to affect the legal structuring of both the ownership and the ongoing management of new residential developments.

In this article, we consider what the proposed reforms are, when they are expected to come into effect and some of the potential implications on developer landlords or investors.

Continue Reading Ground Rent Reform – what’s happening and when?

The private rented sector (PRS) in the UK has grown significantly in the last decade and the multifamily sector in particular has attracted substantial investment from new overseas investors, with Greystar, Atlas and Courtland each gaining a foothold in the UK market.

According to the British Property Federation (BPF), there are currently over 150,000 multifamily