Real Estate

United Kingdom

With a recently strong UK real estate market struggling to keep up with demand, competition for prime assets is higher than ever. In addition to availability, landlords, developers, asset managers, investors and occupiers face a range of challenges and opportunities in the current climate. These include the increasing globalisation of the real estate investment market, the growing demand for а high quality built environment with continued focus on achieving sustainability, and the increased use of technology and rising cyber security risks.

With one of the largest real estate teams in the UK, we have the resource and expertise our clients need to respond to this fast-paced market. Our lawyers provide decisive, pragmatic solutions allowing clients to react quickly to seize opportunities. With dedicated planning, finance, tax, construction and dispute specialists as part of the group, we are able to ensure that our clients are realising the most value possible from their assets.

We are one of the few City-based firms able to offer clients a truly full UK-wide service with offices in London, Aberdeen, Bristol, Edinburgh, Glasgow, Manchester, Sheffield and Reading.

In addition to our UK offering, we have real estate lawyers in 70 offices worldwide, making our Real Estate and Construction Practice one of the largest specialist teams worldwide.

We are very proud to be working with some of the most dynamic real estate businesses around at the moment. Our clients range from large international and private investors to developers, universities, utility providers and occupiers.

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They're very responsive and when things are urgent they're dedicated and dynamic. They have a hands on and pragmatic approach.

Chambers UK, 2015

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    Whether you are an employer/owner, contractor, funder/investor or you are buying an interest in a project that is under construction or has recently been completed, you need documents that reflect your risk profile, protect your interests and promote collaborative working and optimum project delivery.

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    Whether you are a developer, utility, investor, owner, occupier or authority, obtaining planning permissions and consents that are implementable, flexible, bankable and fit-for-purpose is essential to ensure a successful project.

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    Real Estate

    The UK real estate market has been strong for the past couple of years, and with development struggling to keep up with demand, competition for prime assets is higher than ever. In addition to availability, landlords, developers, asset managers, investors and occupiers face a range of challenges and opportunities in the current climate, including the increasing globalisation of the real estate investment market, the growing demand for а high quality built environment with continued focus on achieving sustainability, and the increased use of technology and cyber security risks.

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    Real Estate & Planning Disputes

    As a developer, landlord, contractor or occupier, when a real estate project or transaction becomes contentious, it is essential that matters be dealt with as quickly and calmly as possible to ensure there is minimal disruption to your business and that you maintain the value of your asset.

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    Real Estate Development

    Competition for sites, access to funding, changing legislation, achieving planning consent, rights to light issues and community infrastructure levy are just a few of the challenges facing developers in today’s real estate market. Whether your development is mixed use, commercial, residential or an urban regeneration project, our team of real estate specialists can help you navigate the entire development cycle from site acquisition right through to lettings and disposal.

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    Real Estate Energy

    We are one of the few London-headquartered real estate groups to have a dedicated real estate energy team. With a market-leading energy practice, we provide advice from an informed industry perspective. Our client base is diverse and ranges from major energy companies such as National Grid and SSE and landowners such as Scottish Water to a wide range of developers and investors in the renewable sector such as Aviva and Luxcara.

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    Real Estate Finance

    Our real estate finance specialists work with lenders and borrowers on a wide range of investment and development transactions. The underlying assets may include commercial and/or residential real estate, ground rent investments, hotels, healthcare assets, theatres, logistics portfolios, shopping centres, house building or supermarket developments.

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    Real Estate Investment

    With demand for prime assets higher than ever, real estate investment is becoming an increasingly global market. Being able to respond quickly to investment opportunities, in whatever jurisdiction they present themselves, is essential. Whether you are looking to make your first investment in the UK or adding to a growing portfolio across Europe, at CMS we have a team of lawyers with exceptional experience across the full range of investment sectors, including the more specialist alternative asset classes.

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    Real Estate Occupiers

    As an occupier in today’s market, there are a number of key issues to consider. These include establishing strategies for disposal of surplus properties, whether by way of outright sale of freehold interests or termination/assignment of lease arrangements, ensuring that a tenant is adequately protected on a new headquarters letting, and making sure that the appropriate wayleaves are in place at the time the tenant needs them for communications equipment – essential for business continuity.

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    Real Estate PRS

    Residential property in the UK has never seemed a more attractive investment. With a shortage of quality rental properties available and development struggling to keep up with demand, there is tremendous competition for the right assets. Nevertheless, there are opportunities available, and the returns on a good, well-managed scheme can be attractive - particularly to long-term income generating investment requirements, such as pension funds.

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    Student Accommodation

    Student housing has moved from the “alternative” asset class firmly into the mainstream in recent years. Whilst student housing is a high performing and extremely attractive asset, fierce competition for land, coupled with increasing Government regulation in the sector, means that commercial, pragmatic legal advice is more important than ever.

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    Law-Now: Real Estate & Construction
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    2 May 2017
    CMS advises on Manchester’s groundbreaking £1bn No...
    Brexit one year on: Real estate
    The UK real estate industry neither expected nor welcomed Brexit. The outcome was a shock for many, and almost a year after the referendum there is still very little understanding about how Brexit will evolve.
    1 May 2017
    CMS, Nabarro and Olswang complete largest ever mer...
    Creating a new future-facing firm
    The potential pitfalls of parking
    Finding somewhere to park is a regular problem for many of us whether it is parking outside our home, on the street or in a private car park.   Where parking can become problematic and costly is when there is a lack of understanding about where you are entitled.
    Wojciech Koczara
    6 April 2017
    CMS launches the CEE Real Estate Investment Compas...
    Government offers no cost cladding checks in wake of Grenfell Tow...
    The Department for Communities and Local Government (“DCLG”) is offering to test the cladding of private residential blocks in England.   This is due to the public concern about problems with the type of cladding which was used on Grenfell Tower.
    20 March 2017
    CMS advises Patron Capital on sale of Generator Ho...
    Council of Mortgage Lenders to issue guidance to lenders followin...
    The Council of Mortgage Lenders (CML) has confirmed that it will shortly be issuing guidance on how to handle the much publicised ground rent scandal. The scandal relates to newbuild houses and flats sold on long leases subject to ground rent payments.
    7 March 2017
    Nabarro advises Galliard on property crowdfunding...
    Minimum Energy Efficiency standards: the bees MEEs
    Minimum Energy Efficiency Standards (MEES for short) are the current buzz words in the property industry. If you’ve not heard of them yet and you are a landlord of either (or both) residential and commercial property, now is the time to sit up and take notice.
    7 March 2017
    Nabarro advises Kish Eleven on sale of historic In...
    Much ado about knotting?
    Japanese Knotweed on a defendant’s property constituted a private nuisance as it interfered with the claimants’ quiet enjoyment of their land: Williams v Network Rail Infrastructure [2017]. Briefly, a private nuisance is an unlawful interference with the.
    22 February 2017
    Nabarro advises Great Portland Estates on £435m sa...
    Scope of an easement
    An easement enabling an owner of a property access over a neighbour’s land was held also to enable the owner access to park in his adjacent garage (Gore v Naheed [24 May 2017]). An easement has to benefit particular land This is a Court of Appeal decision.
    18 January 2017
    Olswang advises BMO Real Estate Partners on 191 mi...
    Dilapidations claims and indemnity provisions - alive and kicking...
    A recent case in the Commercial Court of the Court of Session, Moor Row Limited v DWF LLP (“Moor Row”) resulted in some interesting arguments in what otherwise looked like a straightforward dilapidations claim.
    13 December 2016
    CMS, Nabarro and Olswang confirm Practice and Sect...
    Galleondeal Limited v Farrar: Recovering Money and Possession
    The Court of Appeal has granted permission to appeal in a case which will consider whether a landlord who has successfully brought possession proceedings against its former tenant is prevented from starting a new claim on the same grounds to recover mesne profits.