Acquisition of Residential Development for New Affordable Housing Scheme

Background

Known for our development work and technical expertise in dealing with complex legal problems, our Commercial Property team were instructed by a large South Wales housing association in connection with the acquisition of a residential development site for a new build affordable housing scheme.

The work involved negotiating a contract conditional upon an acceptable planning consent being granted by the local authority for fourteen units on site. Part of the consideration for the purchase was the demolition of the existing buildings and the construction of a new building to be used for the Seller’s charitable purposes (the site was owned by a charitable organisation) to the Seller’s required specification. Accordingly, we were required to draft a development agreement to come into effect following completion of the acquisition, including the negotiation of step in rights for the Seller in the event of Buyer default.

Our support

We undertook a full title investigation, arranging indemnity policies where necessary for site specific title defects including various ransom strips, restrictive covenants and rights to light benefitting neighbouring properties, which may otherwise adversely impacted development.

We provided the client with strategic advice on infrastructure and access arrangements in view of certain title issues and negotiated site specific indemnities from the Seller, taking into account its charitable status and the necessity to comply with the Charities Act land disposal and acquisition requirements.

We also liaised with the Buyer’s tax advisors to ensure the documentation reflected the VAT and land transaction tax strategies to be implemented for the site.

We were required to provide the buyer with planning advice, negotiating and agreeing a unilateral undertaking with the local authority in a very tight timescale to procure the grant of planning consent in advance of the Welsh Government grant funding application deadline. We reported to Welsh Government on the scheme and on completion put in place a first legal charge to secure the social housing grant.

Outcomes

Our team’s joined up thinking and willingness to link directly with the client’s tax, planning, environmental and transport advisors ensured that this transaction was successfully completed to enable the funding to be procured in the current financial year.

We were acutely aware of the client’s desire to bring forward as many development schemes as feasible, given the client’s commitment to playing its part fully in the Welsh Government’s target to construct 20,000 affordable homes in the life of the current Welsh parliament.

I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”

Becs Beslee
Dice FM Ltd

Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”

Rebecca Cooper
ACT Training

We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”

Karen Gale
Stepping Stones Group

An extremely professional and sincere firm who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the firm to anyone looking for any type of legal advice”

Gwawr Booth
Portal Training Ltd

PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”

Ledia Shabani
Property Support Services UK Ltd

Darwin Gray have acted for myself and my company over a number of years and at all times we have been treated with a professional manner yet maintain a common-sense approach at all levels. We couldn’t recommend them more highly.”

Simon Baston
Loft Co

We have been clients of Darwin Gray for many years; they’ve always dealt with all of our legal matters with such professionalism. They work around us, even during awkward hours, and we feel confident we can always rely on them.”

Louise Williams
ACT Training

Darwin Gray has been acting for Siltbuster for more than ten years. We would have no hesitation in recommending Darwin Gray to other organisations small or large.”

Richard D Coulton
Siltbuster Ltd

From the very first conversation, I had no doubt that Darwin Gray should be the firm to receive our instructions on this matter. I would have no hesitation in recommending Darwin Gray.”

Sandra Warr
Tomos TV

We regularly instruct Darwin Gray. Their service in dealing with our transactional matters and disputes is always professional, prompt and efficient.”

John Poppleton
Absolute Property Management Solutions Ltd

Darwin Gray guided me through a long and extended process that would have been much more difficult had it not been for their patience and constant support.”

Ifan Lewis

Excellent and efficient service. Great result achieved, highly professional and transparent on pricing. Would recommend.”

David Stevens

Superb legal service provided. Exceeded expectations. They went above and beyond in order to provide the best service possible.”

Huw Pickrell

Very professional and understanding. They were a calming influence in a very troubling situation and they brought it to a very successful conclusion”

Rachel Jones

We have used Darwin Gray and have been seriously impressed. The personal approach is what Darwin Gray are excelling on and is the reason why we will continue to work with them in the future.”

Cadwyn Housing Association