Property Developers Playbook

Top 10 Challenges in Property Development - Part 6: Legal and Compliance Risks


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Jonathan and Kieron dive into one of the most critical, yet often underestimated, parts of development: legal and compliance risks. They note that every deal starts and ends with legals, and most project issues can be traced back to legal matters that weren't spotted early enough. This episode covers crucial areas like title issues, restrictive covenants, ransom strips, overage clauses, and the importance of thorough due diligence.

KEY TAKEAWAYS

In the high-risk, high-reward world of property development, the money is made in the margins, but it is protected in the paperwork. Every deal starts and ends with legal work, from due diligence to sales.

Thorough due diligence is crucial to spot title issues like restrictive covenants, ransom strips, rights of way, easements, and heritage building restrictions, which can severely limit or complicate a project.

Legal processes cannot be rushed; do things 'right' rather than 'right now'. Legal and regulatory delays are among the top three reasons UK development projects overrun.

Developers must understand the implications of Stamp Duty Land Tax, VAT on construction (including the 0% rate for new builds and 5% for conversions), and setting up the correct company structure (SPVs, holding companies) for optimal tax savings and legal protection.

Stay updated on the Building Safety Act, CDM regulations, and evolving sustainability requirements like EPC standards and Net Zero designs, as these significantly affect design, materials, and overall project cost and accountability.

BEST MOMENTS

"In property development, the money's made in the margins, but it's protected in the paperwork."

"Most project issues trace back to something legal that wasn't spotted early enough."

"If you get hurdles, it's looking at different routes, discussing with people who can help you come up with solutions. Think outside the box."

"A good commercial solicitor is seeing ten different other things or scenarios that we haven't even thought of... and that's ultimately what a really good commercial solicitor is meant to do."

HOST BIOS

Jonathan is a property developer and entrepreneur with a background in finance and construction. Originally from South Africa, he holds degrees in Accounting and Auditing and relocated to England in 2003. He gained financial and operational experience at firms such as RSM, Prudential, and Baker Tilly before transitioning into property. Since 2014, Jonathan has managed major commercial-to-residential conversions and new build developments, particularly across the South West. His analytical mindset and on-the-ground experience help listeners navigate the property world with confidence.

Kieron is a construction expert and entrepreneur with over 20 years of industry experience. Starting as a mason, he went on to found Shepherd Construction in 2012, delivering projects across both the public and private sectors. From extensions to luxury new builds, Kieron has earned a reputation for quality, precision, and strong leadership. As Managing Director, he’s involved in every stage—from design to delivery—offering a no-nonsense, deeply practical perspective to anyone looking to build with success.

https://www.facebook.com/jonathan.stobbs.7/

https://www.linkedin.com/in/jonathanstobbs/

https://www.facebook.com/kieron.shepherd.73

https://www.linkedin.com/in/kieron-shepherd-83b979aa/

https://www.propertydevelopersplaybook.co.uk/

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Property Developers PlaybookBy Jonathan Stobbs & Kieron Shepherd