Expert advice for healthcare developments

Expert advice for healthcare developments

Introduction The proportion of the UK population over the age of 65 is due to rise by 20% over the next decade, whilst the number of people aged 90 and over is set to almost double over the same period.

These changing demographics are influencing our housing and healthcare needs; whether this be in the form of hospitals, GP surgeries, care homes or retirement villages.

Whether you are a care provider, property owner, developer or investor, property is likely to be at the heart of your business. The issues surrounding property are varied and are likely to impact on your business whatever its lifecycle stage.

We work closely with property developers and landowners, care operators, investors, banks and institutional lenders. Our established network of professionals including accountants, architects, surveyors and planning consultants ensure you benefit from an integrated approach.

Royds Withy King’s Real Estate team can advise on the many property issues that affect healthcare development however large or small. Our team works closely with experts across the firm, including construction, planning, banking, corporate, employment and property disputes. This makes sure that you receive an all-round service, all under one roof.

Our work includes •

strategic land promotion and sales agreements

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site acquisition and property development

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planning and environmental advice

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real estate finance and development funding

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construction procurement, risk/supply chain management and disputes

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“The calibre of a you get is first-c

corporate structures (e.g. joint ventures) and sales and acquisitions

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property investment and portfolio management

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plot and ground rent sales.

Royds Withy King client

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artners UK

Development advice Our Real Estate team works with developers to ensure their projects are completed as quickly and cost effectively as possible. We sort out legal technicalities so the development can proceed quickly.

We can help you achieve the outcome you are looking for in areas such as: •

Joint ventures and promotion agreements

understand all the critical dates and avoid the technical traps associated with options and conditional contracts so you can get a quick result on the best terms.

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Even the most experienced of developers can encounter the unexpected when buying a site. We take the time to understand exactly how you want your proposed development to work and the anticipated risks. We can then make sure that our searches and investigations give us the information we need to advise you appropriately.

Securing a successful joint venture, development or promotion agreement is ultimately about getting all parties to achieve the commercial outcome they are looking for. Our real value to you isn’t just in sorting out the contractual documentation, but also in helping everyone to understand the commercial priorities and their contribution to its success.

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Land options and conditional contracts

To commercial and residential developers, time is money.

Very often it can be the details that hold you up and create unforeseen costs. With that in mind, we’ll make sure you

Buying and selling sites

Planning and Section 106 agreements

The hold ups and costs involved in obtaining planning permission and Section 106 agreements can be frustrating and costly. Planning agreements may be unavoidable, but we can help you stay one step ahead of the process with the correct guidance and advice.

Roads and services

When it comes to dealing with roads and sewers for a development, the process of securing Section 38, Section 278 or Section 104 agreements can be time consuming.

“Truly excellent work to get us to closure today. Tremendous patience, hard work and professionalism throughout. Many, many thanks from me and my team for your excellent support.”

Royds Withy King client

We can help you regain control over this process, minimising your emotional and financial outlay.

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Construction procurement

The construction process is largely driven by risk, delivery and funding. Our specialist construction lawyers can guide you through this process ensuring that only the right level of risk sits with you, that the documentation is acceptable to, and provides you flexibility in dealing with, interested third parties (for example, funders requiring adequate construction security in return for their finance).

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Sales

Having invested significant time and money in a development project, it is essential for a developer to realise profits quickly.

Once a potential buyer of an individual site or portfolio investment is found, you need to know that the legal progress will be handled efficiently and commercially. Our experienced team can prioritise organisation and quarantee quick response times to achieve the required timescales.

Landowners Our team of real estate solicitors have expertise in many areas that can help landowners looking to sell, lease or develop their land, including:

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Joint ventures and promotion agreements

We’ll work with you and your land agent to understand what level of personal investment you are comfortable with and how involved you want to be at the planning and selling stage. The size and complexity of the project will help us advise you on the best solution. We’ll help you interpret exactly what a successful joint venture will look like to make it a positive and profitable project.

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Land options and conditional contracts

Our dedicated developer team can help you understand the planning and development process, making sure the option or contract reflects all of the important aspects. Our knowledge of these transactions can help protect what value you realise from the sale.

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Planning and environmental issues

If you are either looking to develop your own land or involve a developer, we can work with your planning and environmental consultants to put in place any necessary legal documents or representations with the relevant authorities. It is important to assess any potential problems at an early stage and advise you on how you may be able to avoid or reduce unnecessary costs down the line.

Our case studies Advising landowners Sale of development site to McCarthy & Stone – Cheswick Court, Bristol We acted for a leading national contractor in connection with the acquisition and development of a £20m village centre mixed use scheme at Cheswick Village in Bristol. Part of this site included a consented site for 32 retirement apartments. We negotiated a complex conditional contract to sell the site once certain planning variations and consents had been secured.

Developer and care operator site acquisitions Refurbishment project We acted for a care provider in relation to its acquisition of a vacant care home in Camberley conditional on obtaining planning permission to carry out substantial refurbishment. This project will not only preserve a historic building once earmarked for demolition, but will also provide vital specialist nursing care services to the local area.

New build development We acted for a care home operator in connection with the sub-sale purchase of a care home development site in Gloucestershire. Our client entered into conditional contracts and planning was secured via delegated powers. The site was acquired with the assistance of bank funding from Barclays Bank plc.

Planning and construction Leading national healthcare contractor We acted for a leading national healthcare contractor on the design and construction of three separate 72 bed care homes and assisted living units based in Banbury, Windsor and Wokingham.

We also advised on isolated construction documentation such as framework building contracts, consultant appointments for modular construction methods, and bespoke schedule of amendments to building contracts, and on construction related disputes.

Pharmaceutical company We advised a multinational pharmaceutical company on the development of one of its UK facilities, including the construction procurement and associated contracts.

Care home owner in Somerset We advised the owner of a care home on the construction procurement and associated contracts for the design and construction of an extension to their existing care home, including assisting to secure their funding for the development.

Leading national contractor We advised a leading national contractor on the risk allocation under a bespoke building contract and associated construction agreements for the design and construction of retirement apartments at a retirement village in Bath.

Advising on development finance National Westminster Bank PLC We advised the bank on its security and associated construction documentation in relation to the design and construction of a 31 Bed Care Home in Gloucestershire.

We advised the bank in relation to its refinancing of the Hollies Care Home in Dursley.

The care home is set within a larger site on which further developments are planned to complement the existing care services, and we carried out a wider title investigation on behalf of the bank in anticipation of this.

We advised the bank on its security associated with the full suite of construction documents for the development of a new GP surgery.

Santander UK PLC We acted for the bank in relation to its refinancing of Drayton Village Care Centre in West Drayton.

HSBC Bank PLC We acted for the bank in relation to its provision of secured finance to enable the operator to acquire a care home in Chester which was on the brink of closure following inspections by the CQC. The acquisition was completed before the imposed deadline giving the new operator the opportunity to turn around the business and avoid significant disruption to the residents and staff.

We advised the bank on its security associated with the full suite of construction documents for the development of five separate industrial buildings to form part of a pharmaceutical science park.

Retirement villages Inspired Villages – Warwick, Cheshire, Hampshire, Warwickshire & Devon We advised on the legal set up for the apartments and the shared ownership apartments in two new retirement villages and have now been appointed to manage four other retirement villages for Inspired. We continue to develop the forms of lease used across the villages to improve flexibility for our client and its customers to help maintain and improve new sales and ongoing management of the village. We continue to act for Inspired Villages in relation to their new sales, re-financing and assignments and buy back of retirement apartments across all six of their existing villages.

Chantry Court, Westbury

“We have been working with Royds Withy King for several years now and they have always provided us with an outstanding, prompt and professional service. Royds Withy King are always suitably commercial and very capable in helping us develop the legal packs and structures for our retirement apartment sales and then tackling relatively complex legal challenges that can arise in this rapidly growing market.”

Jamie Bunce CEO of Inspired Villages

We have been involved with this village from the beginning and advised on all aspects of its development including the construction elements of the build, the setting up of the legal documentation including the approval of the plans by the Land Registry and the utility easements. We have also acted for Chantry Court in various re-financing and operational leases over the years. We continue to act for Chantry Court in relation to their ongoing sales, assignments and buy back of the retirement apartments.

Care Village Group – Bath, Gloucester, Kent and Bristol We acted for Care Village Group in relation to their four villages in Bath, Gloucester, Kent and Bristol. We assisted them with the development and implementation of their incentive scheme including deferred completion option and shared ownership. We acted for Care Village in their sales, assignments and buy backs of the retirement apartments. Following the company going into liquidation, we continued to act for the liquidators in the sales of the retirement apartments during their appointment. Following the sale of the four villages by the liquidators, we now act for the new owner of the Bristol retirement village with their ongoing sales, assignments and buy backs of the retirement apartments.

GP surgeries We acted for two GP practices entering into agreements for lease within the same building in Hertfordshire which was being substantially refurbished by a third party developer. These agreements were key in ensuring that the surgery premises were delivered in accordance with CQC requirements and also needed to dovetail with the practices’ exit from their existing premises.

We acted for various GP practices taking leases in buildings constructed under the Government’s Local Improvement Finance Trust scheme (LIFT) and Private Finance Initiative (PFI).

Your key healthcare development contacts

Paul Daniels

Catherine Welch

Partner

Partner

T: 01225 730 141

T: 01225 489 771

paul.daniels@roydswithyking.com

catherine.welch@roydswithyking.com

Lee Taylor

Sarah Goodridge

Partner

Senior Associate

T: 01225 730 148

T: 01225 730 144

lee.taylor@roydswithyking.com

sarah.goodridge@roydswithyking.com

roydswithyking.com @RoydsWithyKing

Royds Withy King

RoydsWithyKing

/RoydsWithyKing.law

Royds Withy King LLP is a limited liability partnership registered in England and Wales with registered number OC361361. Royds Withy King LLP is authorised and regulated by the Solicitors Regulation Authority. The term partner is used to refer to a member of the Royds Withy King LLP or an employee or consultant with equivalent standing and qualification. A list of members is available at the registered office 5-6 Northumberland Buildings, Queen Square, Bath BA1 2JE. Information contained in this communication does not constitute legal advice. All statements are applicable to the laws of England and Wales only.

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