Advanced Commercial Property: Site Acquisition - Legal Practice Specialism

Course Structure

• 1. Title Investigation

  This course helps you identify key players in the commercial property sector and the issues developers need to consider when identifying potential sites. You'll build on your previous land and property law studies to review complex registered freehold titles, understand how title issues might impact a development, and learn how to report these issues to a client.

  By the end of this course, you'll be able to:

  Identify the key players in the commercial property market and the issues which must be considered when purchasing a site

  Review a complex freehold registered title and recognise issues which require further investigation

  Consider the structure and content of a first draft report on title

• 2. Development Issues

  This course covers the practical problems faced by developers when choosing a potential development site. You'll learn about access, rights to light, and how to avoid disputes with neighbouring landowners or unwanted occupiers. The course also covers relevant legislation, case law, and Land Registry procedures.

  By the end of this course, you'll be able to:

  Advise on issues surrounding the creation of new public highways or the stopping up of existing roads in order to enable development

  Appreciate the practical steps required to deal with the issues of services, airspace, party walls and rights to light

  Understand the case law surrounding the issue of Nuisance

  Advise on the options available to a client regarding the issue of Adverse Possession

  Understand the options available to a landowner faced with squatters and the legislation that underpins the landowner’s rights

• 3. Planning Law

  This course deals with the legislation behind the planning process, different types of permissions, and possible appeals. You'll also learn about planning obligations, s.106 Agreements, planning conditions, and enforcement periods.

  By the end of this course, you'll be able to:

  Identify circumstances when planning permission is required and understand the process of applying to a local authority and the effect of the grant of planning permission (including planning conditions)

  Identify the different parties who may appeal a planning decision and the timelines and authorities involved in the appeal process

  Advise on planning obligations and s.106 Agreements

  Recognise the elements of the Community Infrastructure Levy

  Appreciate the use of certificates of lawfulness

• 4. Environmental Law

  This course covers the bodies responsible for administering environmental law, key legislation, and liability issues. You'll learn about contamination in the context of property transactions and the overlap between planning and environmental matters.

  By the end of this course, you'll be able to:

  Explain why environmental matters must be considered in every acquisition and subsequent development of commercial property

  Summarise the contaminated land regime and the enforcement powers of the relevant authorities

  Evaluate the different ways that liability for environmental matters can be dealt with in a contract for the acquisition of commercial property or between landlord and tenant

• 5. Contracts

  This course explores the differences between traditional and design and build contractual structures. You'll learn about collateral warranties, remedies for defective building works, and how to protect contracts at the Land Registry.

  By the end of this course, you'll be able to:

  Understand different types of contracts that can be used for the purchase of land

  Appreciate the key clauses and definitions required to draft a conditional contact

  Identify the mechanisms and key clauses in an option agreement

  Understand the difficulties in ensuring overage conditions are properly secured

  Advise on the procedural and practical steps required to protect a contract at the Land Registry

• 6. Tax

  This course provides an introduction to tax for property lawyers dealing with commercial property purchases. You'll learn about VAT, SDLT, and LTT, and how to draft contractual provisions related to tax.

  By the end of this course, you'll be able to:

  Understand the circumstances when VAT is payable on the sale of a commercial property

  Advise a client on the effect of opting to tax and the processes involved in exercising an option

  Explain the tax thresholds and procedure regarding the payment of SDLT and LTT

• 7. Construction

  This course covers the main methods of setting up contractual relationships in construction projects. You'll learn about the construction process, the roles of various professionals, and liability for structural defects.

  By the end of this course, you'll be able to:

  Understand the differences between the traditional contractual structure and the design and build contractual structure

  Identify the different stages of the construction process and the parties involved

  Advise on the importance of collateral warranties to third parties as well as consider alternative options to collateral warranties

  Appreciate the remedies available in the event of defective building works

• 8. Loan Agreements

  This course deals with the early stages of property finance transactions, from the initial term sheet to drafting and negotiating loan agreements. You'll learn about different types of facilities, interest rates, and lender remedies.

  By the end of this course, you'll be able to:

  Distinguish between different types of facility agreements

  Identify the initial stages of a loan and understand what commercial and legal pressures drive each party

  Advise on some of the important clauses in a facility agreement such as representations, undertakings and events of default

  Understand the remedies available to a lender when a borrower defaults

• 9. Security Documentation

  This course focuses on the security documentation required for financing property purchases or developments. You'll learn about different types of security, methods of perfection, and drafting principles for certificates of title.

  By the end of this course, you'll be able to:

  Understand what security is and recognise why lenders take security

  Distinguish between the main types of security taken over assets in a property finance transaction

  Summarise the different methods of perfecting security

  Appreciate the layout of a CLLS Certificate of Title and comprehend how to draft disclosures

• 10. Agreements for Lease

  This course explains why certain transactions require an agreement for lease and reviews the contents of this important document. You'll learn about drafting considerations for both landlords and tenants, measurement issues, and protecting agreements at the Land Registry.

  By the end of this course, you'll be able to:

  Understand the circumstances where an agreement for lease is required

  Recognise the different drafting challenges facing both the landlord and tenant's solicitors

  Advise on the different methods of apportionment

  Explain the two ways in which an agreement for lease can be protected

• Certification

  Upon completion of the course, you will be awarded a digital certification.
  
  To earn your certificate for this course, you need to successfully complete the assessment with a score of 80% or higher. Once you pass the assessment and the invigilation check, you'll receive your digital certificate the following month. Your certification will be sent directly to your registered email address.