Social Housing Solicitors
Social housing involves a unique range of legal issues and regulations relating to the management, provision, and regulation of affordable housing. We are here to assist housing associations and private housebuilders with a wide range of issues that impact the sector.
Our social housing solicitors can assist with:
- Acquisition of Affordable Housing Pursuant to S106 Agreements
- Golden Brick Agreements
- Turnkey Structure
- S106 Deed of Variation
- Drafting and negotiating Infrastructure Agreements
- Complex strategic land acquisitions and land led schemes
- Overage Agreements
- Option Agreements
- Promotion Agreements
- Nomination Agreements
- Joint Ventures
- Disposals
- Shared Ownership Leases
Contact our social housing solicitors
If you require legal support with social housing matters, please do not hesitate to get in touch with our expert social housing solicitors at Ashtons Legal.
Contact our social housing solicitors in Bury St Edmunds, Cambridge, Ipswich, Leeds and Norwich. If you prefer, you can fill in our short enquiry form, and a member of our team will be in touch.
Our social housing services for housing associations
Acquisition of Affordable Housing Pursuant to S106 Agreements
S106 agreements are legal agreements between developers and local planning authorities that secure planning obligations on a development, which typically include provision of affordable housing. The S106 agreement will stipulate the amount of affordable housing required, where this is located, the tenure of the units and at what point in the development these should be readily available.
The wording of the affordable housing provisions in the S106 agreement can impact any lending rate against those units. Our housing lawyers can help negotiate terms and acquire land, safeguarding your interests and those of the wider community.
Golden Brick Agreements
A Golden Brick Agreement is a form of agreement between a developer and housing association for the provision of transferring the affordable housing land once it reaches golden brick. Transferring the land at this time enables the buyer to register the land before the units reach practical completion and any shared ownership leases need to be entered into. For developers, this structure provides for payments at set stages, so it assists cashflow.
Turnkey Structure
A Turnkey structure is an agreement for the transfer of a completed building or completed units ready for occupation. The agreement will need to include details of all the documents that will be provided on completion, how practical completion will be signed off, and provisions for any defects and responsive repairs within the defects liability period.
Our social housing solicitors can draft and negotiate on Turnkey contracts to ensure that all conditions are clearly defined, and any arising disputes are dealt with swiftly.
S106 Deed of Variation
The S106 Deed of Variation is a means of amending an existing S106 agreement in the event that a development’s circumstances have changed, such as an issue with land acquisition or an infrastructural discovery that will affect the cost of the development process.
Changes are often required in respect of the affordable housing regarding the tenure of the units and the mortgage protection provisions. It can be difficult to negotiate these changes and consideration needs to be given to the impact of the changes, particularly where these changes are being made to ensure any lender would not be caught by onerous obligations should they exercise their power of sale.
Our specialist housing lawyers at Ashtons Legal can assist you in respect of any S106 Deed of Variation, advising on the implications of the proposed changes and counter-offer with proposals that better suit your interests.
If you are a borrower, lender, or housing provider and you want a mortgagee protection clause reviewed or negotiated, our housing lawyers can ensure that the terms are enforceable, fair, and align with your property goals.
Drafting and negotiating Infrastructure Agreements
Infrastructure agreements outline the responsibilities of local authorities and developers in providing utilities, access, and essential services for new housing developments.
Our solicitors assist in negotiating on the scope of the infrastructure required and the costs of the project, agreeing documentation with the relevant authority, ensuring that all requirements are clearly defined. Wherever possible we will prevent disputes in the future.
Complex strategic land acquisitions and land led schemes
The process of strategic land acquisition, whether being developed for fully affordable use or as a combination of market units and affordable units, will typically involve a number of detailed legal documents and extensive legal planning.
At Ashtons Legal, we regularly deal with complex land acquisitions and are highly familiar with overage agreements, promotion agreements and option agreements. Our experts can provide a proven-effective strategy for structuring such transactions and ensure that your complex acquisitions unfold without delay, providing tailored structuring deals to minimise risks wherever possible.
Overage Agreements
Overage agreements, which can also be known as uplift or clawback agreements, allow a seller to retain an interest in the future value of a property, securing additional payment(s) if specific conditions, such as obtaining planning permission or development, are met. Such agreements are particularly relevant in commercial property transactions where land or buildings may increase in value after the initial sale.
Ashton’s social housing solicitors have years of experience in drafting and negotiating on overage agreements, making sure that the writing is legally sound, the terms are fair, and that our parties are financially protected for the future.
Promotion Agreements
Promotion agreements outline the rights and responsibilities held between landowners, promoters and developers. These agreements typically outline details regarding the timing and conditions of the land development, the roles and responsibilities of each party, as well as the dissemination of profits.
Our expert solicitors will work with you to clarify your needs regarding the promotion agreement and land development, and provide legal documentation to preserve them and protect your rights.
Nomination Agreements
A nomination agreement will determine how affordable housing units are allocated to tenants. This is typically an agreement between the developers and local authorities involved and they are usually required as a condition of a s106 Agreement. The challenge of these agreements will usually come down to how voids are dealt with, the priority of different applicants and how resales are dealt with.
Ashton’s specialist solicitors will liaise with relevant council to discuss the warring needs inherit to the nomination agreement document. Wherever possible we will ensure mutual fairness and full compliance with the legal obligations that both parties are under.
Joint Ventures
When two or more parties work towards a shared goal, in this case the development of affordable social housing, it is important that the terms are clear and representative of the goals of both parties, in order to prevent disputes.
Our housing law solicitors can ensure that all joint ventures are constructed around terms that fall within social housing law and are not only fair, but favourable and ready to hold up under legal scrutiny.
Disposals
Our social housing solicitors regularly assist commercial clients with the disposal of property, including disposals of affordable housing to housing associations and plot sales. Our expertise in planning and development plays a key role as it is imperative to ensure that all relevant obligations are complied with or passed on.
Shared Ownership Leases
A shared ownership lease allows individuals to buy a share of a property whilst continuing to rent the rest of it. These arrangements can be highly beneficial and provide affordable living options for those who need it.
The Affordable Homes Programmes produced a number of model leases that have been accepted by lenders. These contain a number of prescribed clauses that need to remain regardless of any negotiation between the parties.
Contact our social housing solicitors
If you require legal support with social housing matters, please do not hesitate to get in touch with our expert social housing solicitors at Ashtons Legal.
You can contact our expert solicitors in Bury St Edmunds, Cambridge, Ipswich, Leeds and Norwich. If you prefer, you can fill in our short enquiry form, and a member of our team will be in touch.