Commercial Real Estate and Development

Rooftop and Airspace Development

We act for a number of developers, landlords and investment funds who are continually looking for innovative and creative ways in which to maximise the potential for development and create more housing. There has been significant interest in rooftop and airspace development in recent years and this has been considered to be a solution, in particular, to London’s Housing crisis.

We have a dedicated Rooftop and Airspace Development Team who have all the necessary technical expertise, industry knowledge and commercial insight to understand the specific issues, constraints and opportunities necessary to deliver your Rooftop and Airspace Development.  We are able to advise on all legal aspects relating to this and have a particular interest in working with those who share our passion for innovation.  Our Rooftop and Airspace Development Team work closely with lawyers from our Corporate and Tax teams to ensure that our clients receive a comprehensive legal service covering all aspects of their projects. We also work closely with our clients’ professional teams to ensure a smooth project delivery.  We are able to advise on all stages of the process irrespective of your development experience and regularly advise on areas, including:

  • Land and site acquisitions
  • Grant of Airspace Leases
  • Sale/Purchase of Airspace Leases
  • Joint Venture and Option Agreements
  • Preparation of occupational leases for re-sales
  • Advising landlords and developers on whether or not existing sites have the right for development, including advice on:
    • any land issues, such as restrictive covenants
    • considering any planning issues
    • existing obligations or restrictions which may prevent development as a result of any existing lease provisions
    • ownership and rights over the roof space and/or airspace
    • maintenance obligations
    • rights to lights
    • existing rights, easements and derogation from grant
  • Tenants’ right of first refusal under the Landlord and Tenant Act 1987 and where appropriate dealing with preparation and service of the appropriate Section 5 Notices
  • Advising on and/or considering any preventative measures that can be taken by leaseholders to prevent landlord’s development
  • Party Wall issues
  • Social Housing and Affordable Housing
  • Mixed use developments
  • Electronic communications code
  • Variation of leases and service charge issues
  • Disputes relating to airspace and development issues
Team members:

Yezdan IzzetYezdan Izzet
Partner and head of the Real Estate Desputes Team
020 7288 4737

Darren Coleran Solicitor Bolt BurdonDarren Coleran
Partner and head of the Enfranchisement Team
020 7288 4775

Artan Llabjani
Partner and head of Commercial Real Estate Team
020 7288 4773

Amie Mackay
Associate Solicitor and head of the New Build Real Estate Team
020 7288 4758

Our Your Business Team

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