Real Estate

Recent Articles

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  01.12.2023

  England and Wales

  Woodlands Data Centre Refusal: key observations

  On 30 October 2023, the Secretary of State (“SoS”) on a recovered appeal refused to grant planning permission for a ‘hyperscale’ data centre within the Buckinghamshire Green Belt on the outskirts of Greater London.Situated within the Slough Availability Zone (“SAZ”), a recognized area for data centres spanning multiple counties, the 52-hectare former landfill site adjacent to the M25, south of Slough Road, was earmarked by developers for outline consent for data centre development (B8 (data centre)) of up to 163,000sqm across three buildings.The proposed development,...

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  30.11.2023

  England and Wales

  Newcomer Injunctions: new Supreme Court decision

  This recent decision gives comfort to a number of companies and other entities, particularly in the Energy sector, who have obtained similar injunctions: Wolverhampton City Council and others v London Gypsies and Travellers.Whilst this case related specifically to injunctions obtained by various Councils in relation to traveller encampments, the decision is more far reaching.  This is as a result of the rise of the use of similar injunctions against so called “newcomers” in relation to areas as diverse as environmental protests, breaches of intellectual property rights and unlawful...

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  30.11.2023

  United Kingdom

  Part 4 of the Building Safety Act 2022 – Are you clear on your duties?

  The Building Safety Act 2022 (the “BSA”) contains measures that are intended to improve and maintain the safety of Higher-Risk Buildings (“HRBs”) throughout the building lifespan. The BSA is split into various sections, with Part 4 placing a raft of obligations on dutyholders to ensure the safety of residents during occupation.The BSA is large, complex and heavily supplemented by secondary legislation, as well as government guidance. This Law-Now article is intended as a useful overview and guide to the key provisions in Part 4.Supplementary RegulationsA brief snapshot of...

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  28.11.2023

  Turkiye

  Future of Short-Term Renting Systems in Türkiye

  Law No. 7464 on Leasing of Properties for Tourism Purposes and Amendments to Certain Laws (the “Law”), published in the Official Gazette of 2 November 2023 and numbered 32357, regulates the procedures and principles of leasing of properties used for tourism purposes to real and legal persons. Today, leasing for tourism purposes has the potential to be an important source of income for property owners. The law that has come into force in Türkiye to regulate activities in this field includes a number of regulations for property-owners and the tourism sector.The main purpose of the...

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  28.11.2023

  England and Wales

  Residential leasehold reform – draft legislation published

  SummaryJust weeks after we reported on the housing proposals referred to in the King’s Speech (Reforming the Housing Market: A word from the King (cms-lawnow.com)), the Government on 27 November 2023 introduced the Leasehold and Freehold Reform Bill (the “Bill”) to Parliament, the next step in its long-promised programme of reform to ‘improve home ownership for millions of leaseholders in England and Wales’.Whilst the Bill and many of its inclusions come as no surprise, there are some newly introduced provisions. It is focused on residential property and has wide-reaching...

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  23.11.2023

  United Kingdom

  Paragraph 40(8) of the Code – the “last chance saloon” for telecoms operators?

  Background The case of On Tower UK Limited v Gravesham Borough Council involved a rooftop telecoms site on an eight-story residential building. The Respondent Council was the freeholder. The equipment had been in place since 1997 under a 1954 Act lease and had been assigned to the Claimant telecoms operator, On Tower.The Respondent needed to carry out roof repairs to fix persistent leaks, but the repairs necessitated removing the Claimant's apparatus. The parties discussed “lift and shift” of the apparatus, but negotiations stalled during the pandemic.Following the service of a...

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