- How can a Registered Provider reduce handover delays caused by defects?
- How can we check a Section 106 Agreement is compatible with grant funding?
- How can we protect a deposit released to a developer before completion?
- How does Awaab's Law impact defects provisions in development agreements?
- What measures can help control service charge cost escalation?
1 - How can a Registered Provider reduce handover delays caused by defects?
A development agreement should clearly define practical completion, include robust snagging procedures, and require defects to be remedied within agreed timescales. Retentions, longstop dates and step-in rights can also help ensure issues are resolved quickly and minimise delays to occupation. We help Registered Providers minimise handover delays by ensuring development agreements clearly define practical completion and include robust provisions for managing defects.By negotiating clear contractual remedies from the outset, we help keep projects on track and homes ready for occupation as planned.
2 - How can we check a Section 106 Agreement is compatible with grant funding?
Our team reviews Section 106 Agreements at an early stage to identify any provisions that could affect grant funding eligibility or approval. We advise on affordable housing obligations, tenure restrictions, mortgagee protection clauses, nomination rights and disposal restrictions, helping Registered Providers align planning requirements with funder expectations. By identifying and resolving potential issues early, we can help avoid delays and provide greater certainty throughout the acquisition process.
3 - How can we protect a deposit released to a developer before completion?
Where a deposit is being released before completion, we help clients assess the level of risk and put in place appropriate protections. Depending on the circumstances, this may include negotiating deposit bonds, parent company guarantees, escrow arrangements or security over the development site. Our focus is on ensuring that clients' funds are properly protected while enabling transactions to progress efficiently.
4 - How does Awaab's Law impact defects provisions in development agreements?
Awaab's Law increases the focus on the prompt resolution of housing defects, particularly damp and mould. Registered Providers should ensure development agreements contain clear obligations on developers to investigate and rectify such defects quickly, with appropriate remedies for non-compliance. As regulatory expectations continue to evolve, we help Registered Providers ensure their development agreements reflect the requirements and risks associated with Awaab's Law. This includes advising on contractual obligations relating to damp, mould and other housing defects, as well as mechanisms that require developers to investigate and rectify issues promptly. By strengthening defects provisions, we help clients reduce regulatory risk and support compliance from the point of handover onwards.
5 - What measures can help control service charge cost escalation?
The best time to manage future service charges is before acquisition. Developers should be challenged on costly estate arrangements, management structures and shared facilities. Early scrutiny can help keep charges affordable and improve long-term value for residents. We help Registered Providers identify and address service charge risks before contracts are exchanged. By scrutinising estate arrangements, management structures, shared facilities and long term maintenance obligations, we can highlight provisions that may drive future costs. Our advice helps clients make informed decisions, maintain affordability for residents and protect the long term value of their housing developments.
