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Commercial Repossession and Forfeiture Solicitors

If you need legal advice on developing a commercial property site, our solicitors, with over 40 years of experience in commercial property law, can help.

If you need legal advice on developing a commercial property site, our solicitors, with over 40 years of experience in commercial property law, can help.

Developing a commercial property site is one of the most legally demanding things a business or landowner can undertake. From the moment you identify a potential plot through to the point when the last unit is sold or let, the legal work is substantial, and the consequences of getting it wrong can be expensive and difficult to reverse.

Pearcelegal has been advising developers, landowners and investors on commercial property matters for over 40 years. We act for owner-managed businesses, SMEs and private landowners across Solihull and the wider West Midlands, giving each client direct access to their solicitor throughout the matter.

Development projects stall or fail due to legal issues that were not caught early enough. Our Commercial Property Solicitors carry out thorough due diligence from the outset, advise on title issues, planning obligations and funding requirements, and draft or negotiate every document the project needs.

Our Site Development Legal Services

We advise on the full range of legal work that site development projects require:

● Acquisition of development land, including freehold and leasehold purchases, with full title investigation and pre-contract due diligence

● Option agreements and conditional contracts, allowing you to tie up a site while planning permission is pursued

● Overage agreements, protecting landowners' right to share in future increases in value after sale

● Section 106 planning obligations under the Town and Country Planning Act 1990, including negotiation of financial contributions and infrastructure requirements

● Site assembly involving multiple titles or ownerships, coordinated to reduce your exposure

● Plot sales and the creation of leasehold units within a completed development scheme

● Easements, rights of way, and other third-party rights affecting development land

● Financing and refinancing of development sites, acting for borrowers and lenders

● Advice on use class permissions and changes of use under planning law

● Resolution of title defects, including restrictive covenants and adverse rights that could prevent development

Why Choose Pearce Legal?

Development projects are long-term and rarely straightforward. What makes the difference is having a solicitor who understands the commercial realities of development, not just the legal framework. We work with developers who need practical advice delivered promptly, without the delays that come from being passed between departments in a large firm.

Our roots in Solihull and the West Midlands give us direct knowledge of the local planning environment, local authority dynamics, and the commercial property market in this area. That local knowledge produces faster, more accurate advice and avoids costly surprises. Clients with wider commercial property needs can also explore our full commercial property law services.

We offer a free initial 30-minute consultation, a commitment to respond within 24 to 48 hours, and transparent pricing from the start.

Get in touch today to discuss developing a commercial property site in complete confidence. Phone 0121 270 2700 or email info@pearcelegal.co.uk

Frequently asked questions

How much does an initial consultation cost?

We offer a free initial 30-minute consultation for site development matters. After that first conversation, we provide a clear fee estimate covering the legal work you need. We do not charge by the hour without a ceiling. You will know what things cost before we start work.

What does site assembly involve?

Site assembly is the process of bringing together multiple separate land parcels under a single ownership to create a development site. It involves separate acquisitions from different owners, often with distinct title issues, and requires careful coordination to ensure that one purchase does not complete without the others. We have experience managing site assembly transactions and will advise on structuring acquisitions to limit your exposure.

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

Under a conditional contract, both parties are legally bound to complete if the specified condition is met, typically the grant of planning permission. Under an option agreement, only the seller is bound; the buyer retains the right to choose whether to proceed. Which structure suits you depends on your bargaining position and the risk you are willing to carry. We advise on the right approach for each specific project.

How long does a development site acquisition take?

Timescales vary considerably depending on the complexity of the title, the number of parties involved and whether planning conditions affect the transaction. A straightforward freehold acquisition can complete in six to eight weeks. Where there are multiple titles to assemble or contamination issues to resolve, the process takes longer. We give you a realistic estimate at the outset and keep you updated.

Can existing covenants prevent commercial property development?

Yes. Restrictive covenants, rights of way and other third-party rights recorded against a title can prevent development or make it significantly more expensive. We investigate the title thoroughly before exchange and advise on the options: negotiating a release, obtaining indemnity insurance, or applying to the Upper Tribunal to discharge or modify the restriction.

What are section 106 obligations?

Section 106 of the Town and Country Planning Act 1990 allows local planning authorities to require developers to make financial contributions or provide infrastructure as a condition of granting planning permission. These obligations run with the land and bind future owners. We advise on their scope, enforceability and negotiation where the proposed terms are disproportionate to the scale of the development.

What is an overage clause?

An overage clause, sometimes called a clawback, requires the buyer of development land to pay the seller an additional sum if the land increases in value beyond an agreed threshold, typically because planning permission is granted for more units than were anticipated at sale. Landowners push for them; developers seek to limit them. We act on both sides and advise on what is reasonable in the current market.

What is an option agreement?

An option agreement gives you the right to buy a piece of land at an agreed price or formula within a defined period, without committing you to buy immediately. They are common on development sites where the purchase only makes commercial sense if planning permission is granted. We can advise on the structure, negotiate the terms, and draft the agreement to protect your position throughout the option period.

Do I need a solicitor to buy development land?

You need a solicitor for any land transaction, and development land makes that need more pressing. Development sites often carry title defects, restrictive covenants, or third-party rights that are not apparent from Land Registry entries alone. A solicitor carries out the searches and investigations needed to identify those issues before you are legally committed. Missing them can cost far more than the legal fees.

Our specialists in Site Development Solicitors Solihull

Expert advice for you Book a free consultation

The team at Pearcelegal will be delighted to discuss your legal matters and give you a no-obligation quote.

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