Later living

Specialist legal advice and support for developers of later living property

Homes for later living are specifically designed for older people who wish to move into a smaller home or who need more support. There is an increasing demand for properties that allow them to live independently, maintain their privacy and can provide the peace of mind that comes with having someone on hand should help be needed.

How we can help you

Our solicitors have been providing specialist legal advice to house builders for more than 40 years acting for names such as Vistry Homes, Barratt Homes, David Wilson Homes, Pegasus Life, Crest Nicholson and Persimmon Homes.

Our experience makes us uniquely positioned to offer you a full spectrum of expertise and services required for developing later living homes. We can support you with the whole process of developing later living homes, all the way from initial acquisition to post completion services.

Our services include:

Site acquisition

Our commercial property solicitors have worked with many real estate developers to ensure the site they want is marketable and suitable for purchase. We understand the intricacies and delivery pressures on acquiring land, and we are proactive in pushing transactions to completion so that you can get on with the task in hand.

Planning and the environment

Our planning solicitors work alongside our commercial property specialists during site acquisition and will continue to support you as you negotiate a planning agreement with the local authority. We can advise on the requirements of the local authority, as well as providing input on Section 106 and infrastructure agreements and the Community Infrastructure Levy (CIL).

Construction

Our Construction team is made up of non-contentious and contentious construction specialists. We advise on every aspect of the procurement process and the negotiation and drafting of various bespoke and standard suites of construction contracts, and professional appointments. Should you find yourself in a dispute, our contentious construction solicitors have vast experience in dispute resolution, including adjudication, mediation and litigation.

Facilities management

Our facilities management specialists are experienced in drafting construction and commercial contracts in connection with the building or refurbishment of integrated facilities on site. This includes interfaces with property or leasing issues, procurement strategy and funding. We are experienced in dealing with several aspects of facilities management contracts and outsourcing frameworks including security, reception, utilities, equipment, leisure and recreation and IT.

Property finance

Our property finance specialists act for borrowers on all aspects of lending transactions and related issues in connection with development projects. We also act for lenders in the sector, which gives us a clear understanding of what is standard in the marketplace. This helps us to provide realistic and commercial solutions to the challenges faced by our clients.

Home sales

We have extensive experience in setting up retirement developments. Our Home Sales team comprises site-set up and plot sales specialists. As a firm we can advise you on all aspects of the process and our internal teams work together to facilitate a seamless transition from acquisition to completion of the development.

Dispute resolution

Our specialist team of property litigation solicitors provides proactive, strategic advice on a full range of property issues that may arise on your development, both in the pre-acquisition and post-acquisition stages. The team advises a range of property owners, occupiers and funders nationally, working in close partnership with our clients and their other professional advisers.

Care homes

Our lawyers understand the complex regulatory environment in which care homes operate and if you need advice on your obligations, we will be delighted to help. Should you receive a negative draft inspection report or final ratings less than you deserve, we can challenge it on your behalf. We can also respond to requirement notices, warning notices, notices of proposal, notices of decision and applications to magistrates for closure orders.

Examples of our recent work

• Acting for Pegasus Life in respect of site set up and home sales. This involved overhauling a standard lease format so that it reflected the full product offering to customers, whether included as part of the service charge or available as purchased extras. The client’s product offering included communal areas of the building, leisure facilities, and home and lifestyle support facilities and services.
• Acting for a developer of luxury managed accommodation for the active elderly in respect of over 20 developments. We supported the developer with the acquisition of sites, obtaining planning permission (including obtaining planning permission on greenfield sites in areas of natural outstanding beauty on appeal), negotiating planning obligations and providing further property, planning, infrastructure and highways advice during the construction and delivery of the schemes.
• Acting for the landowner in connection with a major public inquiry to obtain planning permission for two care homes as part of a wider mixed-use development, including 1,210 dwellings in Newton Abbott. We provided planning advice throughout the process, drafted all planning obligations and provided advocacy support at the inquiry. We will also act for the landowner in the disposal of care home sites to the end operators.
• Acting for Gilmourbanks Limited and High Trees on the sale of two specialist residential care homes to Acorn Care.
• Acting for Persimmon Homes and Redrow Homes on the final development parcel of a 1,300 dwelling mixed-use development at Badbury Park, Swindon. We have been advising on planning and property issues at this development for over 10 years.
• Acting for Bovis Homes on their purchase of a 725-unit residential development site at Twigworth Gloucestershire from Robert Hitchins Limited.
• Drafting and negotiating various suites of contracts for the developer including; a part demolition and construction of side and rear extension to an existing 62-bedroom elderly care home; and new-build residential units for people with disabilities (physical and other), a social enterprise café and bespoke bedrooms in the Midlands.
• Acting for a prestigious national developer of retirement villages, advising on procurement and construction

What our clients say about us

• “Experienced in the housebuilding, commercial development and investment sectors, Clarke Willmott LLP handles property portfolio management, property acquisitions and disposals for local and national
  clients.” The Legal 500 2021
• “They adopt a commercial outlook and work to the client’s needs.” Chambers UK 2021
• “The team at Clarke Willmott are very responsive to any queries or requests.” The Legal 500 2021
• “They have a good depth of team and a sensible approach.” Chambers UK 2021
• “A wealth of healthcare sector knowledge” The Legal 500 2021
• “Respected team well known for its representation of house builders as part of its strong development offering. Also offers expertise in portfolio management, joint ventures and lease agreements.” Chambers UK 2021

Contact a later living solicitor

To learn more about how our later living team can support your later living project, please contact one of our lawyers directly, call us on 0800 652 8205 or get in touch online.