Commercial property development involves significant legal complexity at every stage, from securing the right site to managing planning obligations. Whether you are acquiring land for a new scheme, structuring a promotion agreement, or negotiating a Section 106 agreement with a local authority, the legal framework around development demands specialist knowledge and careful attention to detail.
At Heringtons Solicitors, our commercial property team works with property developers, investors, and business owners across East Sussex and the surrounding region. We provide practical, commercially minded legal support at every stage of the development process, helping you manage risk and keep your project moving forward.
Our team has experience across a broad range of commercial development projects, from individual site acquisitions to large-scale mixed-use schemes. We understand that time and cost are critical in every development, and we work proactively to ensure transactions progress as smoothly and efficiently as possible.
Speak to our commercial property development team today
For advice on your development project, contact our team at one of our five East Sussex offices in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Alternatively, complete our online enquiry form and a member of our team will be in touch shortly.
How our property development solicitors can help
Site acquisition and due diligence
Before committing to a development site, thorough legal due diligence is essential. Our team investigates title, planning history, access rights, and any encumbrances that could affect the viability of your development. We identify potential issues early so that you can negotiate from a position of knowledge or reconsider your position before contracts are exchanged.
Option agreements and promotion agreements
Option agreements and promotion agreements are widely used in land development to manage risk before planning permission has been secured.
A call option agreement gives a developer the right, but not the obligation, to purchase a site within a specified period, usually conditional on obtaining satisfactory planning permission. A promotion agreement involves a promoter funding and managing the planning process on the landowner’s behalf, in return for a share of the uplift in land value on a successful sale.
Both structures require careful drafting to protect your interests. Our property development lawyers advise developers, landowners, and promoters on the appropriate structure for their circumstances, and ensure the terms are commercially sound and legally robust.
Development finance documentation
Securing development finance typically involves complex legal documentation, including facility agreements, legal charges, and debentures. Our team works with lenders and borrowers to ensure that finance documentation is completed accurately and efficiently, avoiding delays that could affect your development programme.
Overage and clawback provisions
Overage provisions, also referred to as clawback agreements, allow a seller to share in any future uplift in land value after a sale has completed. These arrangements are increasingly common in development transactions and require precise drafting to be enforceable and workable in practice.
Our property development lawyers advise both sellers and buyers on the negotiation and drafting of overage clauses, ensuring the terms are clearly defined and properly protected on the title register.
Types of commercial development projects we support
Our team has experience advising on a broad range of commercial development projects, including:
- Office developments: Site acquisition and funding arrangements, for new-build and refurbished office schemes.
- Retail schemes: Legal advice on site assembly, pre-let agreements, and the structuring of retail developments.
- Industrial units and warehouses: Support for the acquisition and development of industrial land and logistics facilities, including sites across East Sussex and the wider region.
- Mixed-use developments: Projects combining residential, commercial, and community uses require careful legal structuring. Our team has the experience to navigate the additional considerations these schemes involve.
- Regeneration projects: We support developers and public sector partners working on regeneration schemes, including those involving Section 106 agreements and wider infrastructure obligations.
Whatever the scale or nature of your project, we provide commercially focused legal advice tailored to your specific circumstances.
Why choose Heringtons for your development project?
Heringtons is one of East Sussex’s most established law firms, with a commercial property team that includes experienced partners and solicitors who understand the development sector and the pressures that come with it.
We offer:
- Specialist expertise: Our team has in-depth knowledge of property development law, from site acquisition and planning obligations through to construction contracts and development finance.
- Commercial focus: We understand that development projects run to tight timescales and budgets. Our advice is practical and commercially grounded.
- Transparent pricing: We will provide a clear written estimate of costs at the outset of your matter.
- Local knowledge: With five offices across East Sussex, we have strong ties to the local property market and long-standing relationships with regional professionals and authorities.
- Wider commercial property support: Our team also advises on commercial landlord and tenant matters and commercial leases, so we can support your project beyond the development phase.
Our commercial property practice is led by partners Robert Draper and Richard Palmer, who bring extensive experience across development transactions of all sizes.
Frequently asked questions about commercial property development
What does a property development solicitor do?
A property development solicitor advises on all the legal aspects of a development project. This includes carrying out due diligence on sites, drafting and negotiating option and promotion agreements, advising on planning obligations, and preparing development finance documentation. Their role is to protect your legal position and help the project progress efficiently at each stage.
When should I instruct a solicitor for a development project?
You should instruct a property development solicitor as early as possible, ideally before you commit to any heads of terms or letters of intent. Early legal input allows due diligence to be carried out before exchange, risks to be identified and addressed, and agreements to be structured correctly from the outset. Instructing a solicitor late in the process can lead to delays and, in some cases, to complications that could have been avoided.
What is a Section 106 agreement?
A Section 106 agreement is a legal obligation entered into between a developer and a local planning authority under the Town and Country Planning Act 1990. It is used to secure planning obligations that are necessary to make a development acceptable, such as contributions towards affordable housing, highway improvements, or community facilities. Section 106 agreements are negotiated during the planning process and must typically be completed before planning permission is formally granted.
What is the difference between an option agreement and a promotion agreement?
A call option agreement gives the developer the right to purchase land within an agreed period, typically conditional on obtaining planning permission. The developer controls the planning process and, if successful, may (but is not obliged) to exercise the option to buy the land at a pre-agreed price or formula.
A promotion agreement involves a promoter who takes responsibility for obtaining planning permission on the landowner’s behalf, in return for a percentage of the net proceeds when the land is sold. The landowner retains ownership throughout, and the land is generally sold to a third-party buyer.
Both structures carry different risk profiles and financial outcomes. Our team can advise on which arrangement suits your circumstances.
How long does a commercial development transaction take?
Timescales vary considerably depending on the nature and complexity of the project. A straightforward site acquisition with planning already in place may complete within six to 12 weeks. More complex transactions involving option agreements, planning negotiations, or development finance can take significantly longer. We will give you a realistic assessment of the likely timescale once we understand your project in detail.
What due diligence is needed before buying development land?
Due diligence on development land typically covers title investigation, planning history and any existing conditions or restrictions, access rights and rights of way, environmental and contamination searches, drainage and utilities, restrictive covenants affecting the site, and ground condition reports. The appropriate scope will depend on the site and the nature of the proposed development. Our team will advise you on the investigations required for your specific project.
Get expert property development legal advice
If you are planning a commercial development project in East Sussex or the surrounding region, our specialist team is ready to help. Contact our property development solicitors at one of our five offices:
Alternatively, complete our online enquiry form and a member of our team will be in touch shortly. You can also call us on 0800 001 4543.