Property Development Solicitors

Property development is one of the most legally complex and commercially high-stakes areas of real estate. Whether you are acquiring a site for residential housing, assembling land for a mixed-use scheme, or structuring a joint venture with an institutional investor, the legal decisions made at each stage carry significant consequences for viability, risk and return.

Our commercial property team at Brindley Twist Tafft & James includes specialist property development solicitors who advise developers, landowners, investors and funders across the full development lifecycle. From initial site acquisition and due diligence through to planning obligations, construction, finance and disposal, we provide clear, practical advice tailored to your individual circumstances.

Get in touch with our property development solicitors

If you require supportive advice or guidance at any stage of your development project, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam, or email one of our solicitors below. We encourage early engagement, ideally before heads of terms are signed.

How our property development solicitors can help

Development schemes rarely fall within a single legal discipline. Our property development lawyers work alongside BTTJ’s wider commercial property, dispute resolution, business law and insolvency teams to provide joined-up advice across your entire project, from a straightforward greenfield acquisition to a complex brownfield regeneration involving multiple landowners.

Site acquisition and land assembly

Sound due diligence at the acquisition stage protects the viability of your scheme. We advise on title investigation, searches, restrictive covenants, easements, rights of light, access rights and ransom strips. Where a scheme requires land assembly across multiple ownerships, we coordinate the legal process to ensure all titles are acquired on terms that support delivery.

Option agreements, conditional contracts and promotion agreements

The right acquisition structure depends on your planning position and risk appetite. We advise on all three principal structures:

●      Option agreements give the developer the right, but not the obligation, to purchase a site within an agreed period, typically once planning has been secured.

●      Conditional contracts are binding on both parties from the outset, with completion triggered once agreed conditions are satisfied.

●      Promotion agreements see a promoter fund and manage the planning process on the landowner’s behalf in return for a share of the uplift on sale.

Key commercial terms across all three structures include longstop dates, minimum price mechanisms, planning conditions and trigger events. We advise both developers and landowners to ensure agreed terms protect each party’s position.

Overage and clawback provisions

Overage (also called clawback) entitles a seller to receive additional consideration after completion if specified trigger events occur, such as the grant of planning permission, the commencement of development, or the disposal of completed units.

Overage periods can run for 20 years or more. Appropriate security, typically a legal charge or restriction on the title register, is essential for both parties, as is precise drafting of the trigger mechanisms.

Planning, Section 106 and Community Infrastructure Levy

Section 106 agreements are legally binding planning obligations under the Town and Country Planning Act 1990, used to secure contributions that make a development acceptable in planning terms, such as affordable housing, highways works and education funding.

The Community Infrastructure Levy (CIL) is a separate charge levied by many local authorities on new development. We also advise on Biodiversity Net Gain requirements, planning conditions and permitted development rights to help you understand and negotiate your obligations early.

Development finance and security

We act for both borrowers and lenders, advising on senior debt facilities, mezzanine finance, bridging loans and equity investment structures. We prepare certificates of title for lenders, advise on security packages and intercreditor arrangements, and work with funders to progress drawdown conditions efficiently.

Plot sales and disposals

For residential-led schemes, we prepare standard documentation packs for plot sales, advise on estate management arrangements, freehold and leasehold structures, and the establishment of residents’ management companies. We also advise on bulk sales to registered providers, housing associations and institutional investors.

Joint ventures and development agreements

We advise on collaboration structures between landowners, developers and funders, covering profit-share mechanisms, decision-making rights, development obligations and exit provisions. A well-drafted joint venture agreement reduces the risk of dispute and gives all parties clarity on their responsibilities.

Sectors and schemes we advise on

Our property development lawyers advise across a wide range of sectors, including:

●      Residential housing and apartment schemes

●      Mixed-use development

●      Commercial and industrial development

●      Retail and leisure schemes

●      Brownfield and urban regeneration projects

●      Agricultural land to residential conversions

Why choose BTTJ as your property development solicitors?

Brindley Twist Tafft & James has a long-established reputation for providing clear, commercial legal advice to developers, investors and landowners across Coventry, Warwickshire and the wider West Midlands.

Our property development team takes a partner-led approach, ensuring you receive consistent, senior-level advice throughout your project. We draw on the full breadth of the firm’s expertise across commercial property, dispute resolution, business law and insolvency, providing genuinely joined-up support from a single firm.

Frequently asked questions about property development

What does a property development solicitor do?

A property development solicitor advises at every stage of the development lifecycle, from site acquisition, due diligence and acquisition structuring through to planning obligations, construction contracts, development finance and disposal. The role is to identify and manage legal risk throughout the project, helping to ensure your scheme can be delivered effectively.

What is the difference between an option agreement and a conditional contract?

An option agreement gives the developer the right, but not the obligation, to purchase a site within an agreed period. A conditional contract is binding on both parties from the outset, with completion occurring once agreed conditions are met, most commonly the grant of planning permission. The appropriate structure depends on the risk profile and the terms negotiated between the parties.

What is overage in property development?

Overage is an additional payment from buyer to seller after completion, triggered by specified events such as the grant of planning permission, commencement of development or the sale of completed units. Overage provisions are typically secured by a legal charge or restriction on the title register and can run for many years, making precise drafting essential for both parties.

What is a Section 106 agreement?

A Section 106 agreement is a legally binding planning obligation under the Town and Country Planning Act 1990, entered into between a developer and a local planning authority. It secures obligations that make a development acceptable in planning terms. Common examples include contributions towards affordable housing, highway works and education facilities.

Do I need a solicitor before signing heads of terms?

Yes. Although heads of terms are typically expressed to be “subject to contract,” provisions such as exclusivity clauses, confidentiality obligations and cost contributions can be legally binding. The commercial framework set out in heads of terms also shapes every subsequent document in the transaction, so errors in minor wording at this stage can have significant consequences down the line.

How long does a property development transaction take?

A straightforward unconditional acquisition can be completed in six to 12 weeks. Option and promotion agreements typically run for several years while planning is pursued. Planning itself can take many months or longer for major schemes. We will provide a realistic timetable at the outset and keep you informed at every stage.

How much do property development solicitors charge?

Fees are typically agreed on a fixed-fee or hourly rate basis, depending on the complexity and scope of the work. You should also budget for disbursements, including search fees, Land Registry fees and Stamp Duty Land Tax (SDLT).

Get in touch with our property development solicitors

If you require supportive advice or guidance on any aspect of property development law, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam, or email one of our solicitors below.

We welcome early-stage enquiries, before heads of terms are agreed, so that we can help you structure your transaction on the right foundations from the outset.