Category Archives: Conveyancing & Property Development

Think! before you use the post for serving documents

Community Infrastructure Levy (CIL) is a charge that local authorities can set on certain new developments in order to raise funds to help infrastructure such as schools and transport improvements. The liability for payment of CIL arises on the commencement of a qualifying development under a planning permission. Thus, a Liability Notice specifying the amount…
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Frank Smith & Co Solicitors – The Autumn Statement 2023

This week, the Chancellor of the Exchequer, Jeremy Hunt, announced the November budget. From a property perspective, one of the promises made by the Chancellor is to reform the planning system. He argued that it takes too long to approve infrastructure projects and business planning applications. As such, from next year councils will be able to…
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The MEES Trap

Expiry dates of MEES exemptions in commercial property Landlords beware!  You will no doubt remember that from 1st April 2018 the MEES Regulations came into force, making it unlawful for landlords to grant any new lease or renewal of a property that is deemed “sub-standard” under the MEES Regulations (i.e. where the EPC rating falls…
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Whose tree is it anyway?

A tree may be on your land including your back garden, and you may think that it is your property, therefore you can do with it whatever you wish. However, if that tree is subject to a Tree Preservation Order (TPO), this limits what you can do, because the tree has been protected by the…
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Agricultural Property Relief – is planting trees the best option for your estate?

For those farmers engaging in succession planning, it’s well known that farmland in the UK is eligible for Agricultural Property Relief (APR) which provides 100% relief from Inheritance Tax (IHT) and that Tenancies under the 1986 Agricultural Holdings Act, are afforded 50% Inheritance Tax relief.   What remains less-well known is that land which is turned…
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Upcoming EPC changes to rental properties

The Government has published plans to change the minimum Energy Performance Certificate (EPC) rating required for rental properties. The current regulations state that only properties with an EPC rating of A to E are legally allowed to be rented, and it is now being proposed that all rental properties will need an EPC rating of…
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Tied to the Mast

Landowners who accommodate mobile masts on their land have recently responded to a survey describing a substantial drop in received rental payments. Although something of an eyesore, not to mention an inconvenience, these masts were once a good source of income for landowners.  In recent years, however, the needs of the public have eclipsed the…
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Building Safety Act 2022 – Protecting Leaseholders from building safety costs

Leaseholder protections in the Building Safety Act came into force on 28 June 2022. It looks to deliver protections for qualifying leaseholders from the costs associated with remediating historical building safety defects, and further measures that will allow those responsible for building safety defects to be held to account. The Act makes it clear that…
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Does a mobile home have to be mobile?

Disputes between caravan owners and local council planning officials over the status of mobile homes are something of a longstanding concern. Are these caravans mobile homes or developments? Recently, in the Appeal of Sally Turner a lawful development certificate was refused by Canterbury council for siting a mobile home for use ancillary to the main…
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Capital Gains Tax on second homes

Tax implications, in respect of property, vary depending on numerous factors such as whether you are buying or selling and whether it is your main or secondary home. Generally, you won’t need to pay tax on the sale of your main home. However, second homes and buy-to-let properties are subject to Capital Gains Tax (CGT).…
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Meet the MD – Cotswold Life

Frank Smith, Managing Partner of Frank Smith & Co Solicitors reveals what it is he loves about his job. I am the managing partner of Frank Smith & Co Solicitors in Cheltenham.  I set the business up on 2016 to deal with a range of legal matters. We cover all legal matters from agriculture to…
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HM Queen Elizabeth II Platinum Jubilee

We wish to join the nation in congratulating HM The Queen on an unprecedented 70 year reign of duty and service to all her peoples.  From all at Frank Smith & Co Solicitors we hope that you and your loved ones enjoy the long weekend of Jubilee celebrations.  
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Tackling Onerous Ground Rents

Leasehold Reform (Ground Rent) Act 2022 – Tackling onerous ground rents The Leasehold Reform (Ground Rent) Act 2022 is the first in a series of proposed reforms relating to residential leasehold properties and follows increasing pressure to deal with onerous ground rents. The purpose of the Act is to make owning a leasehold residential property…
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Potential Development Land – What You Need to Know

Most landowners will have had some experience in either selling land for residential development or perhaps putting sites forward into local area plans. Often, the transaction will be very lengthy, costly and will require the need to maintain a clear line of communication throughout between the seller, solicitor and land agent. In spite of this,…
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Regulating Future Telecommunications

Regulating Future Telecommunications On the 28th December 2017, the Government made substantial revisions to the Electronic Communications Code to further regulate the telecoms market and to make it easier to formulate agreements with landowners. The consensus by those working in the industry is that the need for connectivity is increasing, but there is a delay…
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‘Overage Clauses’ in Farm Sales: What farmers need to know

By Frank Smith, Managing Partner Overage negotiations have become a routine feature of many farm sales, with it being estimated that more than 25% of all modern land transactions now include a reference to an Overage Payment, particularly where land is being sold adjacent or close to a built-up area. What is an overage payment…
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Is Consent Required to Change the External Colour of a Listed Building?

  There are two scenarios where listed building consent is required: The total demolition of a listed building; and Alterations or extensions that would affect the listed building’s character as a building of special architectural or historic interest. That being said, not all works, or alterations carried out to a listed building require this specific…
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