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Shoosmiths LLP | August 2023

The government has published its long-awaited response to the consultation on implementing the new building control regime for higher-risk buildings (HRBs) and wider changes to the building regulations for all buildings. The provisions will be implemented through secondary legislation (The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and The Building Regulations etc. (Amendment) (England) Regulations 2023)) that will come into force on 1 October 2023 ...

Shoosmiths LLP | August 2023

An interesting point has arisen in an unopposed lease renewal case that considered whether a landlord’s break option should be included in a new lease, to allow the landlord to occupy the premises for the purposes of its own business. BMW sought renewal leases of its showroom at 70 Park Lane, London, which was let under four separate tenancies ...

Carey Olsen | August 2023

Legal Property Due Diligence In a property transaction, whether that is buying, leasing, or financing, a legal property due diligence exercise may be required to assess the potential risk to a client before committing to the transaction. The potential for AI to be used to review and digest legal property DD documentation with speed and accuracy is clear ...

TSMP Law Corporation | August 2023

Stefanie Yuen Thio’s journey has been shaped by a modest Asian upbringing that instilled a strong sense of responsibility to contribute to society. “I want to make a difference, because I believe I have been tremendously blessed – having grown up in Singapore, having had the opportunities I have had, being able to apply my God-given skills. It’s my obligation to use all that experience and ability to do some good ...

Mamo TCV Advocates | August 2023

  Partner Dr Christine Calleja secured her position on the Council of the Malta Chamber of Advocates in the election held earlier this week. The Council’s responsibility involves the management and operation of the chamber over the forthcoming three-year period, extending until 2026. The Malta Chamber of Advocates functions as the official body representing warranted advocates who have been admitted to practice at the Bar of Malta ...

Shoosmiths LLP | August 2023

Following the announcement that visa fees are to be increased, the government has announced a hike in civil penalty fines for employers and landlords who employ or let properties to foreign nationals who do not have the right to work or reside in the UK. The planned increases come as part of government announcements on policy to reduce the number of people living and working in the UK without a legal immigration status ...

Hunton Andrews Kurth LLP | August 2023

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Shoosmiths LLP | August 2023

New Charity Commission guidance may have dropped the phrase “ethical investment” but the need for charities to understand whether they must, should or can invest in line with their ESG aspirations has never been more pressing, as the UK Government presses ahead with its new oil rush following the recent announcement that more than 100 oil and gas drilling licences will be granted for the North Sea in the autumn ...

Shoosmiths LLP | August 2023

Property owners in the UK are already feeling the pinch, with a slowdown in activity coupled with economic factors, including high inflation and interest rates - causing a further tightening in the lending market. The Minimum Energy Efficiency Standard (MEES) regulatory regime is another cause for searching behind the sofa cushions for coppers in order to upgrade, update and 'green' existing assets ...

The Virginia General Assembly made significant amendments to general rules for construction contracts, as well as the specific rules for public entity construction contracts in the Prompt Payment Act, that largely remove the option of “pay when paid” contracts between general contractors and subcontractors. Beginning in 2022, Virginia Code section 11-4 ...

Shoosmiths LLP | July 2023

A summary of the key takeaways from a recent webinar Charities legal and regulatory preview. "Prevention rather than cure: understand and embrace the quiet revolution in charity regulation" Not our words, but those of the Chief Executive of the Charity Commission back in April when she spoke of the potential of My Charity Commission Account being rolled out for all charity trustees ...

Shoosmiths LLP | July 2023

The Regulations implement most of the recommendations made to the government in the Grenfell Tower Inquiry Phase 1 report which require a change in the Law and impact those responsible for buildings with at least two residential units and common parts ...

Shoosmiths LLP | July 2023

‘Flexibility becomes the norm as businesses look to build resilience in their real estate portfolio and workplace strategy.’ That is the key takeaway from Colliers’ recently released Global Occupier Outlook 2023 report, which found that two-thirds of corporate occupiers active in EMEA anticipate that up to 20% of their commercial real estate portfolio will move from traditional leases to flex leases within the next five years ...

Background FK Construction Limited (“FK”) was sub-contractor to ISG Retail Limited (“ISG”) for works involving roofing and cladding in relation to ISG’s Project Barberry. FK issued an application for payment of £1,691,679.94. ISG failed to issue a payment notice, submitting a pay less notice instead. The sum sought by FK was not paid, and FK referred the dispute to adjudication ...

Shoosmiths LLP | June 2023

When scoping a new development, sewerage and drainage may not be the first thing to spark everyone’s interest, but they are an essential component. Effective drainage is key to the functionality and success of any development. This article examines the legal position and regulations around drainage, with the aim of demystifying common queries and misconceptions ...

Shoosmiths LLP | June 2023

As the Building Safety Act 2022 slowly comes into force, the government has been required to publish various amendment Regulations that make clarifications and changes. It is no secret that the Building Safety Act 2022 (BSA) and its provisions are often difficult to untangle and interpret ...

Shoosmiths LLP | June 2023

The recent British Property Federation discussion ‘Can UK Real Estate rise to the Net Zero Challenge?’ struck an optimistic note. While leaving no doubt about the scale of the challenge facing the real estate industry, the Panel acknowledged a number of positive trends.  Despite ongoing regulatory challenges - in an area where there is large consensus that more regulation would be welcome - there is a definite growth in engagement ...

ALTIUS/Tiberghien | June 2023

The Supreme Court (“Hof van Cassatie/Court of Cassation”) overruled on 26 May 2023 a decision that determined that Article 1722 (old) Civil Code (a partial or total “destruction” of the leased premises) does not apply for the tenant that can not operate its premises due to the measures taken by the Belgian Government in order to prevent the spread of the COVID-19 pandemic, because there was only a temporary impossibility and thus only a temporary loss of enjoyment ...

Shoosmiths LLP | June 2023

“Why don’t I own this?”  The words of oil prospector Daniel Plainview to his property advisor, querying the land rights for his oil pipeline to the California coast in the Oscar winning film ‘There Will Be Blood, and a blunt, single sentence reminder of the need for early due diligence on large scale developments ...

Buchalter | June 2023

June 12, 2023 By: Michael Flynn On May 30, 2023, the Federal Housing Finance Agency (FHFA) issued a Request for Input (RFI) from the public focusing on “issues faced by tenants in multifamily properties, and on any opportunities and potential impacts associated with requiring or encouraging specific tenant protections at multifamily properties backed by Fannie Mae and Freddie Mac.”  Written input and feedback from the public is due by July 31, 2023 ...

Shoosmiths LLP | June 2023

In an uncertain market, there is often a renewed emphasis from investors not just on liquidity and rate of return on property investment opportunities, but also on the structuring of legal interests and the ability to ‘exit’ from a scheme ...

Shoosmiths LLP | May 2023

The much-awaited Renters (Reform) Bill received its first reading in the House of Commons last week, on Wednesday 17 May 2023. After five years of consultation and refinement, the reforms aim to improve the leasehold system through increased regulation, digitisation and standardisation.  The Bill seeks to provide greater flexibility and security for residential tenants by imposing additional restrictions on private landlords ...

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