Latest updates

Power to the people: recent guidance on Section 104 of Community Empowerment (Scotland) Act
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 25 September 2020

In a recent judicial review appeal, the Inner House considered the application of Section 104 of the Community Empowerment (Scotland) Act, which deals with consultation in respect of disposing and changing the use of common good property. The petition was for judicial review of the Angus Council's decision to demolish a leisure centre which had been erected on common good land.

COVID-19 update: CDC order temporarily halts residential evictions nationwide until 31 December 2020
Cadwalader Wickersham & Taft LLP
  • USA
  • 25 September 2020

In response to the COVID-19 pandemic, the federal government, as well as many states, has enacted eviction and foreclosure moratoriums in an effort to keep homeowners and renters in their homes and slow the spread of COVID-19. Citing concerns with the continued spread of COVID-19, the Centre for Disease Control and Prevention recently issued a new order temporarily halting residential evictions nationwide until 31 December 2020 (unless extended).

Restrictive covenants: some clarity but still subject to competition law
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 18 September 2020

A recent Supreme Court case has clarified the law around challenges to covenants which seek to limit the use of land. The case involved an appeal by a retail anchor tenant against its landlord, which had sought to challenge a restrictive covenant in the lease which prevented it from letting space to businesses that competed with the tenant. The landlord sought to argue that the covenant was unenforceable as it fell within the doctrine of restraint of trade.

Government publishes landmark Building Safety Bill to overhaul fire safety regulation
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 11 September 2020

The government recently published a draft Building Safety Bill as part of its commitment to overhaul fire safety regulation in the wake of the Grenfell Tower fire in 2017, which claimed 72 lives. The draft bill is the latest in a series of actions that the government has taken to improve fire safety in high-rise residential buildings, including the introduction of the Fire Safety Bill.

Government consults on proposals to require provision and publication of data on contractual controls of land
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 04 September 2020

The government considers that better data on land ownership and control is required to achieve its vision for the planning system, improve the development process and increase the public's understanding of who exercises control over land. The government's particular focus is on rights of pre-emption, options and conditional contracts, and it has published a consultation seeking views on how best to improve transparency around them and what additional data should be made public.

Guide to purchasing property in The Bahamas
Lennox Paton
  • Bahamas
  • 28 August 2020

A second home in The Bahamas has been a highly sought-after commodity for international buyers from time immemorial. The Bahamas is an archipelagic nation of 700 islands and cays, with each island providing its own charm and unique Bahamian culture. As the value of real property in the jurisdiction tends to hold or gradually appreciate over time, the purchase of real property remains a viable and attainable wealth-creating mechanism.

Welcome clarification from HMRC on landlord and tenant barter transactions
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 28 August 2020

Her Majesty's Revenue and Customs has released helpful guidance confirming that it does not consider that a number of commonly agreed lease concessions should be classed as barter transactions for value added tax (VAT) purposes. During the COVID-19 outbreak, there has been a marked increase in lease concessions being given in exchange for landlord-favourable lease variations. The classification of such arrangements as barter transactions has had VAT implications for landlords and tenants.

Impact of Use Classes Order changes on leases of commercial property
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 21 August 2020

The government has published legislation to bring sweeping changes to the Use Classes Order for England, which will take effect on 1 September 2020. References to uses and use classes in the General Permitted Development Order remain as currently defined until 1 August 2021. What will be the impact of these changes on existing and new leases of commercial property and their provisions governing what the premises can be used for?

What next for possession proceedings? New PD55C imposes additional requirements on landlords
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 14 August 2020

Civil Procedure Rule (CPR) 55.29 came into force on 25 June 2020 and extended the stay on possession proceedings and enforcement proceedings by way of a writ or a warrant for possession until 23 August 2020. Now, the draft Civil Procedure (Amendment 4) (Coronavirus) Rules 2020 provide for a further amendment to CPR Part 55 to introduce a new temporary practice direction which sets out how claims under that part (including appeals) are to proceed following the expiry of the stay.

Law Commission report on proposed changes to commonhold
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 07 August 2020

The Law Commission recently published its reports on leasehold enfranchisement, right to manage and commonhold. The common theme in all three reports is to make each process simpler, quicker and more flexible and to reduce costs for leaseholders. While commonhold was introduced more than 15 years ago, it has hardly been used and the Law Commission seeks to make it a preferred alternative to residential leasehold.

Proposed federal act on rent payments during COVID-19 lockdown
Pestalozzi Attorneys at Law
  • Switzerland
  • 24 July 2020

The Federal Council recently submitted to Parliament a preliminary draft federal act on rent payments during the COVID-19 lockdown and opened the consultation procedure with the cantons, political parties and interested organisations. The act is a political decision and its constitutional basis is questionable. Further, a number of the suggested provisions leave room for improvement.

Tax consequences of transferring Bahamian real property held by a company for estate planning
Lennox Paton
  • Bahamas
  • 24 July 2020

Bahamian real property is commonly held by a company which is incorporated in The Bahamas or another jurisdiction whose shares may be held by an individual or their nominee. A 'beneficial owner' is any person who is beneficially interested in the real property, including a beneficiary under a trust. This article considers the tax consequences of transferring Bahamian real property held by a company for estate planning purposes.

COVID-19: strata SOPs and FAQs relaxed during RMCO
  • Malaysia
  • 17 July 2020

The Ministry of Housing and Local Government (KPKT) recently released a circular on the standard operating protocols (SOPs) for the strata management sector, effective during the Recovery Movement Control Order (RMCO) period. A series of FAQs by the KPKT has since been made available on the KPKT's website. This article highlights the KPKT's strata SOPs and FAQs applicable during the Controlled Movement Control Order which continue to apply for the duration of the RMCO.

COVID-19: government financial support for businesses
Ogier
  • Guernsey
  • 12 June 2020

This article outlines the real estate-related financial support available to businesses in Guernsey that have been adversely affected by measures introduced to manage the spread of COVID-19. Such support includes deferrals of tax on real property payments and government rent deferrals and renegotiations.

COVID-19: temporary arrangements between landlords and tenants in respect of commercial leases
Ogier
  • Jersey
  • 12 June 2020

Due to the COVID-19 pandemic, the Jersey courts are prioritising certain cases and are unlikely to deal with property-related matters. As such, the government recently issued commercial property guidance to encourage landlords and tenants to negotiate temporary compromises with regard to lease obligations in a reasonable manner if either party experiences financial difficulties arising from the pandemic.

COVID-19 Weekly Report (25-31 May 2020)
International Law Office
  • International
  • 01 June 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

Legal uncertainty over rent reductions due to COVID-19 remains
Pestalozzi Attorneys at Law
  • Switzerland
  • 29 May 2020

Numerous shops, restaurants and other facilities throughout Switzerland have had to close their businesses due to emergency regulations issued to combat COVID-19. This has led to the question of whether the tenants of such premises are still obliged to pay rent or whether they are entitled to a full or partial rent reduction. Despite many opinions having been expressed in the legal community and by politicians, this question remains as unanswered as it was at the beginning of the lockdown.

COVID-19: implications for planning appeals
Ogier
  • Jersey
  • 29 May 2020

The Law Society of Jersey issued guidance regarding the courts' COVID-19 contingency plans, noting that planning appeal hearings have been suspended due to independent inspectors being unable to travel to the island. New appeals will continue to be processed without the final hearing dates being fixed at this stage. Therefore, parties that wish to appeal a planning decision must meet the usual timeframes.

Has COVID-19 affected real estate transactions?
Lennox Paton
  • Bahamas
  • 29 May 2020

Restrictions on both domestic and international travel, lockdowns and curfews have been imposed in The Bahamas to restrict movement in an attempt to reduce the spread of COVID-19. While law firms have had to close their physical doors to the general public, real estate and resort development attorneys have embraced new and efficient procedures for closing transactions.

COVID-19 Weekly Report (18-24 May 2020)
International Law Office
  • International
  • 25 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

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