Real Estate

Recent Articles

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  16/07/2025

  Germany

  German Federal Court of Justice: Connection Cost Contributions (Baukos­ten­zuschüsse, BKZ) for Battery Storages are Permissible

  In its decision on 15 July 2025 (case no. EnVR 1/24), the German Federal Court of Justice ruled that grid operators may charge connection cost contributions (Baukostenzuschüsse) for the grid connection for battery storage systems in accordance with the capacity price model.Connection cost contributions for battery storage systems are not discriminatoryIn the view of the German Federal Court of Justice, charging a connection cost contribution based on the capacity price model for grid-connected battery storage systems is not discriminatory within the meaning of section 17 (1)...

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  16/07/2025

  United Kingdom

  The Building Safety Levy in Scotland and England: key developments and con­sid­er­a­tions

  The introduction of a building safety levy is progressing in both England and Scotland, with each jurisdiction developing parallel but distinct frameworks. The levy is intended to raise funds to cover the costs of making buildings safe, particularly in the wake of incidents like the Grenfell Tower fire. It aims to ensure that developers contribute to the costs of rectifying safety issues in buildings they have constructed.This Law-Now summarises the current position, anticipated timelines, scope, calculation methods, and enforcement mechanisms for the levy as they relate to Scotland in comparison...

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  14/07/2025

  England and Wales

  Sudden move to ban upwards only commercial rent reviews

  On 10 July 2025, without any prior warning, draft legislation was introduced in Parliament to ban a mainstay of the market, upwards only rent reviews (“UORR”) in commercial leases. The legislation is Schedule 31 to the English Devolution and Community Empowerment Bill (“the Bill”). It is currently at 2nd reading in the House of Commons and it applies to England and Wales. The changes will not apply retrospectively. There will be different implications for different sectors of the real estate market and the drafting will likely go through significant revision as it passes...

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  11/07/2025

  United Kingdom

  Court of Appeal considers RCOs and leaseholder protections under the Building Safety Act

  The Court of Appeal has earlier this week handed down two significant judgments on the Building Safety Act 2022 (the “BSA”), providing much-needed clarity on the scope of leaseholder protections and the operation of remediation contribution orders (“RCOs”). The judgments consider the retrospective effect of these legislative provisions as well as the “just and equitable” test for RCOs. These decisions will have a direct impact on landlords, leaseholders, developers, and those managing residential buildings affected by historic safety defects.Triathlon Homes LLP...

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  10/07/2025

  England and Wales

  Balancing rights of light and urban development: Takeaways from the Ludgate House judgment

  SummaryThe High Court has refused to grant an injunction to two residential leaseholders of flats in Bankside Lofts (the “Claimants”) who sought  to restrain interference with their rights of light by the Arbor Building (“Arbor”)  being part of the Native Land (the “Developer”) Bankside Yards development, instead awarding significant  ‘negotiating’ damages, albeit much lower than the Claimants sought, in a landmark rights of light decision (Cooper & Ors v Ludgate House Ltd [2025] EWHC 1724 (Ch)). Rights of light cases which...

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  09/07/2025

  United Kingdom

  Important legal change in the interplay of contractual and statutory break notices under the Electronic Com­mu­nic­a­tions Code

  SummaryOverturning a previous Upper Tribunal decision, the Court of Appeal has decided that where the service of a statutory termination notice under the Electronic Communications Code is based on a contractual break option within the Code agreement, the contractual break notice must be served and exercised validly in accordance with the agreement. The Code does not treat the agreement as terminated simply on the basis that the contractual break option is exercisable, without it actually having been exercised.The FactsIn ON Tower UK Limited v British Telecommunications PLC [4 July 2025], BT operated...

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