For more than 20 years Steven Kay has specialised in residential development, trusted by major national housebuilders and SME developers. He is Head of Residential Development and Co-Head of our residential development team.
The team comprises circa 45 members across Birketts’ offices dealing with all aspects of residential development, from acquisition and disposals, estate infrastructure and plot sales.
Steven’s expertise includes portfolio sales and acquisitions, corporate acquisitions, development joint ventures and serviced land parcel disposals. Steven regularly is instructed on strategic land issues, land assemblies, option and overage agreements, promotion, co-operation and collaboration / development agreements.
Steven takes great pride in seeing sites he has worked on fully developed and occupied. Steven is also a member of B-Proud, Birketts’ LGBTQI+ Network.
Recent work highlights
Development joint venture
Acting for a developer in the negotiation and completion of a Limited Liability Partnership Agreement, establishing a joint venture with a registered provider for the development of a residential scheme in the Home Counties. The agreement governs the structure and operation of the newly formed LLP, a bespoke vehicle created to acquire, develop, and dispose of the site. We provided strategic legal advice across all aspects of the transaction, including the drafting of the LLP agreement, development management arrangements, funding documentation (including senior and member loan agreements) and the intercreditor deed. The agreement includes detailed governance provisions, including the formation of an Executive Committee, reserved matters, and mechanisms for resolving deadlock and member default. We also advised on a Deed of Contribution and cross-guarantee arrangements, ensuring our developer client’s liabilities were appropriately apportioned and mitigated. The structure reflects a balanced commercial partnership, with tailored protections for our client’s interests and clear protocols for project delivery, financial management, and exit.
Experience & education
2018 Partner, Birketts
2014 Joined Birketts
2011 Senior Associate, DAC Beachcroft
2007 Senior Associate, Davies Arnold Cooper (merged with Beachcroft 2011 to form DAC Beachcroft)
2004 Associate, Eversheds
2001 Taylor Vinters
2000 Longmores
1999 Qualified as a Solicitor, Traymans
1991 – 1995 BA(Hons) German and Linguistics, University of Reading
Areas of Expertise
Accreditations
Home Builders Federation (HBF)
Associate member