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Whether you are acquiring a development site, navigating the planning process, or arranging finance for a commercial build, having the right legal support from the outset can be the difference between a project that runs smoothly and one that stalls. At T G Baynes, our property development solicitors in Kent have been advising developers, landowners, and investors for over 130 years. From our offices in Dartford, Bexleyheath, and Orpington, we provide clear, commercially focused legal advice at every stage of the development cycle.
We offer both industry-leading legal expertise and a strong understanding of the commercial realities of property development, so can help you to maximise your returns while effectively managing the many risks that can impact development businesses.
What Is Property Development Law?
Property development law is the area of legal practice that governs the acquisition, planning, financing, construction, and disposal of development land and commercial property. It brings together elements of land law, planning law, construction law, and commercial finance to ensure that each stage of a development project is legally compliant and commercially viable.
For developers operating in Kent and South East London, property development law covers everything from negotiating option agreements on greenfield sites to managing Section 106 obligations, securing development finance, and structuring the eventual sale or letting of completed units.
Contact our commercial property development solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our property development solicitors in Orpington, Dartford and Bexleyheath, please fill in our simple enquiry form or call 020 8301 7777.
Our commercial property development fees
We offer competitive fees benchmarked against our competitors. Our fees are reflective of the value we can offer to our development clients, and we will be happy to discuss them with you when you contact us.
To discuss our fees or to request a cost estimate, please get in touch using the contact details above.
Our Property Development Legal Services
Our commercial property team provides end-to-end legal support across the full development lifecycle. We act for individual developers, property companies, housing associations, and investors on projects ranging from single-unit conversions to large-scale commercial and mixed-use schemes across Dartford, Bexleyheath, Orpington, and the wider Kent area.
Site acquisition and Land Assembly
Acquiring the right site at the right price is the foundation of any successful development. Our solicitors handle the legal due diligence and transactional work involved in purchasing development land, including:
- Title investigation and reporting, including checks on restrictive covenants, easements, and rights of way that could affect development potential
- Negotiating and drafting option agreements, conditional contracts, and promotion agreements
- Land assembly where multiple parcels need to be brought together
- Overage and clawback provisions to protect or manage future value uplift
- Liaising with the Land Registry on title issues, including first registrations of unregistered land
We work closely with developers to identify potential legal obstacles early, before exchange, so that issues around access, boundaries, contamination, or planning constraints are addressed before they become costly problems.
Commercial development finance
Most commercial development projects require external funding, whether through traditional bank lending, bridging finance, mezzanine funding, or joint venture arrangements. Our solicitors act for both borrowers and lenders on development finance transactions, handling:
- Facility agreements and loan documentation for development lending
- Legal charges, debentures, and security documentation
- Bridging loan and short-term finance arrangements
- Joint venture and partnership agreements between developers and investors
- Drawdown mechanics and monitoring of construction milestones
We understand the time-pressured nature of development finance and work efficiently to ensure that funding is in place when you need it, without compromising on thorough legal review.
Construction and Building Contracts
The construction phase of a development project creates its own set of legal requirements. We advise on the contractual framework that governs relationships between developers, contractors, subcontractors, and professional consultants, including:
- JCT and bespoke building contracts
- Collateral warranties and third-party rights
- Professional appointments for architects, engineers, and project managers
- Defects liability periods and retention arrangements
- Party wall matters under the Party Wall etc. Act 1996
Sales and lettings
Once a development is complete, the legal work shifts to the disposal of units, whether through sale or letting. Our team handles:
- Plot sales on new-build residential and mixed-use developments
- Negotiating and drafting commercial leases for office, retail, and industrial units
- Transfers of common parts and management company structures
- SDLT advice on bulk purchases and multiple dwellings relief
- Agreements for lease to secure tenants prior to practical completion
Commercial property development dispute resolution
Disputes can arise at any stage of a development project, from boundary disagreements and access issues to contractor claims and planning enforcement action. Our litigation team works alongside our property specialists to resolve commercial property disputes through negotiation, mediation, or court proceedings where necessary.
Common development disputes we handle include breach of contract claims against builders, boundary and rights of way disputes, enforcement of restrictive covenants, and challenges to planning decisions.
Who Do We Act For?
Our property development clients include:
- Individual developers and self-builders undertaking their first or tenth project
- Property development companies managing multiple schemes across Kent and London
- Landowners looking to unlock the development potential of their land through option or promotion agreements
- Housing associations and registered providers developing affordable housing
- Investors and funds acquiring development sites or completed schemes
- Contractors and construction companies needing legal support on project documentation
Whether your project is a single residential conversion in Bexleyheath or a multi-unit commercial development in Dartford, we provide the same level of care, expertise, and commercial awareness.
Property development law FAQs
What does a property development solicitor do?
A property development solicitor handles the legal aspects of developing land or property. This includes conducting due diligence on development sites, drafting and negotiating purchase contracts, advising on planning obligations such as Section 106 agreements, preparing development finance documentation, and managing the sale or letting of completed units. They ensure each stage of your project is legally compliant and commercially protected.
Do I need a solicitor for a commercial property development?
Yes. Commercial property development involves complex legal transactions, including land acquisition, planning compliance, construction contracts, and finance arrangements. A solicitor ensures your interests are protected at every stage, identifies risks before they become problems, and handles the documentation that lenders, contractors, and planning authorities require. Proceeding without legal advice significantly increases the risk of costly disputes and delays.
What is a Section 106 agreement?
A Section 106 agreement is a legally binding obligation between a developer and a local planning authority, made under Section 106 of the Town and Country Planning Act 1990. It typically requires the developer to provide or fund community benefits such as affordable housing, public open space, or highway improvements as a condition of planning permission. Our solicitors negotiate these agreements to minimise the financial and practical impact on your development.
How long does the legal process for a property development take?
Timescales vary depending on the complexity of the project. A straightforward site acquisition can complete in 6 to 12 weeks. More complex transactions involving conditional contracts, planning conditions, or multi-party land assembly may take several months. Development finance documentation typically takes 2 to 4 weeks once terms are agreed. We work to your project timeline and will provide realistic estimates at the outset.
What is the difference between an option agreement and a conditional contract?
An option agreement gives a developer the right, but not the obligation, to purchase land within a specified period, usually once planning permission is obtained. A conditional contract obliges both parties to complete the transaction once specified conditions are met. Option agreements offer more flexibility to the developer, while conditional contracts provide more certainty to the landowner. The right choice depends on the specific circumstances of your project.
What are overage provisions and why do they matter?
Overage provisions require a buyer to make additional payments to the seller if the land increases in value after purchase, typically as a result of obtaining planning permission for a more profitable development. As a developer, it is essential to understand and negotiate overage terms carefully, as poorly drafted provisions can significantly reduce your profit margin. Our solicitors ensure overage clauses are clearly defined, time-limited, and commercially fair.
What legal issues should I check before buying development land?
Before purchasing development land, you should investigate the title for restrictive covenants, easements, and rights of way that could limit development. Check the planning status and any existing permissions or refusals. Conduct environmental searches for contamination, flooding, and ground stability. Verify access rights and services connections. Review any existing tenancies or occupancy rights. Our solicitors carry out comprehensive due diligence to identify and address these issues before you commit to a purchase.
Do you act for both developers and landowners?
Yes. We act for developers acquiring sites and for landowners selling development land or entering into option and promotion agreements. We also act for investors funding development projects and for housing associations developing affordable housing schemes. Due to conflicts of interest, we cannot act for both parties in the same transaction, but our experience on all sides means we understand the perspectives and priorities of each party.
What is the Community Infrastructure Levy (CIL)?
The Community Infrastructure Levy is a charge that local planning authorities can impose on new development to help fund infrastructure such as schools, roads, and healthcare facilities. The amount payable depends on the type and size of development and the charging schedule set by the local authority. Some developments qualify for exemptions or relief, including affordable housing and self-build projects. We advise on CIL liability and help you claim any available exemptions.
What areas do you cover for property development work?
Our property development solicitors are based in Dartford, Bexleyheath, and Orpington, and we act for clients across Kent, South East London, and the surrounding areas. We regularly handle development projects in Dartford, Bexley, Bromley, Greenwich, Gravesham, Sevenoaks, and Medway. We can also act on projects further afield where clients prefer to instruct a firm they know and trust.
Can you help with property development disputes?
Yes. Our commercial property team works alongside our property specialists to resolve development disputes, including breach of contract claims against builders, boundary and access disputes, enforcement of restrictive covenants, and challenges to planning decisions. We aim to resolve disputes through negotiation or mediation where possible, but we have the experience and resources to pursue or defend claims through the courts when necessary.
Contact our commercial property development solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our property development solicitors in Orpington, Dartford and Bexleyheath, please fill in our simple enquiry form or call 020 8301 7777.