Forbes Solicitors' Housing Team Builds For Continued Growth

The housing and regeneration team at Forbes Solicitors is expanding its team across the North West as performance exceeds pre-pandemic levels.

Having recruited six new team members since March 2020 to take its total headcount to 48 professionals, the team is now in the process of adding another 15 hires following a raft of 11 new client wins nationwide.

Total file numbers across the housing and regeneration team are up 22% versus August 2021, with new instructions being buoyed by a reputation for successfully meeting the challenges of COVID-19 to embrace new ways of working and changing compliance requirements.

Developments: Are you Overreaching?

The recent findings in the case of Knight v Fernley and another [2021] EWHC 1343 (Ch) (19 March 2020) are a stark reminder of the importance of registering plot transfers on a development prior to any common areas being transferred to a management company or other third party.

In this case, a three-plot site was being was being developed by two individual developers, registered under one title. There was also a small piece of land that was unsuitable to be developed. Each of the three plots were sold using a transfer of part (TP1). Two of the TP1s were registered at Land Registry and allocated new title numbers. Rita Knight bought the final plot (plot 1) for £309,000, however her solicitor failed to register this TP1.

Building a greener future: Government commitment leads to sector-wide net zero approach

2021 has already seen the introduction of rigorous new energy efficiency standards for homes, in the Government's attempt to lower energy consumption and bills, furthering their legally binding target to reduce greenhouse gas emissions to net zero by 2050. Now, with the help of the Future Homes Task Force, developers, suppliers and regulators alike have agreed to take a sector wide approach to the current and future development of net zero homes.

In January 2021, the Government announced new energy efficiency standards for homes. The Government's plan includes a commitment to low carbon heating and being zero carbon ready by 2025. Alongside this, new homes are expected to produce 31% lower carbon emissions from 2021. In discussing their target, the Government suggest that these standards are a vital step forwards, towards their commitment to net zero emissions by 2050, a legally binding target introduced in 2019. Now the housing sector is demonstrating its commitment to playing its part in delivering this goal.

July inquiry on housing demand

Chaired by Baroness Neville-Wolfe, the new House of Lords Built Environment Committee launched its inquiry on 6th July 2021 into the demand for housing in the UK and how to overcome barriers to meeting this demand.

The Conversative Manifesto published in 2019 included a commitment to continue with their progress towards the target of 300,000 homes a year by mid-2020s and to see at least a million more homes built, of all tenures, over the next parliament in areas that need them. 

Development and home ownership Podcast

Darren Burton, Head of ASC Forbes is joined by Catherine Kennedy, Head of Housing and Regeneration (Property) and Lauren Fisher, Head of Home Ownership.

Qualified Electronic Signatures - the real gamechanger? 

The Land Registry (HMLR) is to pilot the use of qualified electronic signatures (QES) that does not need to be witnessed. If successful, it is set to be a real gamechanger in the property market.

The move comes just over a year after HMLR allowed deeds to be signed electronically to be registered, albeit like other signatures, it still required a witness which limited its potential.

On 16 September 2021, the first property transaction using the new Land Registry approved 'QES signature' was completed. Whilst the pilot is currently only for residential transactions, it is hoped that a similar solution for commercial transactions will follow shortly.

Decent Homes Standard- will the review make a difference?

The Charter for Social Housing Residents: Social Housing White Paper was published on 17 November 2020 announcing a review of the Decent Homes Standard. Part 1 of the review of the definition is to conclude in Autumn 2021; if it is found that a change should be implemented, Part 2 will run from Autumn 2021 to Summer 2022. The Government has advised that a refreshed Decent Home Standard is likely to be the outcome.

The current criteria for a decent home can be found in the guidance "A decent home: definition and guidance" and can be summarised as follows:

• it meets the current statutory minimum housing
• it is in a reasonably state of repair
• it has reasonably modern facilities and services
• it provides a reasonable degree of thermal comfort

Legal 500 and Chambers & Partners

We are delighted the Forbes' Housing and Regeneration Team have been recognised as a Tier 1 firm in the North West and have been ranked for the first time in Yorkshire & The Humber as Tier 2 in the Legal 500.

Stuart Penswick has been recognised as a leading individual with Kirsty Varley and Sarah Rogers highlighted as rising stars. 

Clients said -

'Fantastic solicitors that are really easy to deal with.’

‘The team know and understand the sector nuances, and the constraints that registered providers have to operate within. The team have many years experience and are always able to help with any query.’

‘The members of the team are always happy and willing to pick up the phone and talk through issues with you, and explore the possible outcomes/answers with you, and because they know the firm and the sector, you don’t have to waste time giving the background information to get them up to speed.’

‘They have a unique blend of professionalism and customer support. They set up a team of complimentary skills to ensure delivery of an incredibly important project.’

The firm was recommended in Band 2 for Social Housing in the North West in Chambers & Partners with Stuart Penswick and Lachlan McLean ranked individually in band 3 and Sarah Rogers recognised as an Associate to watch. 

Clients said - 

"They are always professional, knowledgeable, and able to tailor their replies for the receiving audience."

Private Developers and Registered Providers - Bridging the Gap 

Wednesday 10 November 2021, 2pm - 3.30pm

With private developers and Registered Providers increasingly working together to provide the mix of housing we need, Forbes' Housing and Construction Departments have come together to present a webinar via zoom to bridge the gap between the two and give an overview of the development process from both points of view.

Click here to book your place

First Homes Scheme - just what will its effect be?

The First Homes scheme, launching in June 2021, is a mechanism for selling discounted affordable housing to first-time buyers - it does not apply in Wales or Scotland; and to reserve it for those most in need, it won't apply if the buyers' combined household income is over £80,000, or £90,000 if you live in London.

If a buyer can afford to buy one of the homes with the discount and savings, they will not meet the qualification criteria. Buyers must use a mortga.ge for at least 50% of the price of the discounted home. These criteria also apply to all future sales of a First Home and restrictions on future sales will show up on the property's title.

Local authorities or neighbourhood planning groups will also have the flexibility to define who can qualify for these homes via the terms of a section 106 agreement for a maximum period of 3 months from when a home is first marketed. For example, some authorities may give priority to key workers or people who pass a 'local connection' test - maybe based on residency, family connections or caring responsibilities. These locally applies conditions will be removed if a home is not reserved after three months of marketing and then national criteria only will apply