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Shoosmiths LLP | February 2023

Why is green hydrogen important and what is its role in energy transition? The UK’s first official Hydrogen Week takes centre stage this week, bringing together stakeholders across the UK to celebrate and promote the role of hydrogen in reaching net zero (NZ) ...

Shoosmiths LLP | February 2023

The Supreme Court has this week (8 February 2023) handed down a judgment considering whether landlords have management discretion to vary service charge percentages in residential leases. S.27A(1) of the Landlord and Tenant Act 1985 (the Act) gives the First-tier Tribunal (FtT) the ability on application to make various decisions about service charges in residential dwellings, including whether it is payable or not ...

Carey Olsen | February 2023

Overview Persons undertaking "credit business" will need:  a licence to do so (a "Part II Licence"); and  to be regulated by the Guernsey Financial Services Commission (the "Commission") ...

Shoosmiths LLP | February 2023

With the impact of climate change increasingly evident, it is no wonder that many consumers are endeavouring to make more environmentally conscious decisions in their day-to-day lives. Consumers’ focus to become more environmentally friendly often centralises around changes to their purchases of small, everyday goods such as food, toiletries and other household essentials ...

DFDL | February 2023

According to Prakas No. 052 dated 3 November 2022 before applying for accreditation, a valuation company or valuation specialist in the real estate sector is required to obtain a valuation services license or a valuation professional certificate from the Real Estate Business and Pawnshop Regulator (“RPR”) of the Non-Banking Financial Services Authority (“NBFSA”). On 27 December 2022, the NBFSA issued Prakas No ...

Buchalter | February 2023

February 2, 2023 By: Manuel Fishman In what may turn out to be a lesson on the limits of the application of equitable doctrines supporting rent relief in the face of good lease drafting, a California court of appeal panel in San Diego has taken a narrow view on the application of the doctrines of quiet enjoyment, frustration of purpose, impracticability and impossibility as a defense to the payment of rent under a lease following State and local closure orders issued in response to the COVID 1

Shoosmiths LLP | February 2023

Developers have been given six weeks to sign a contract to commit an estimated £2 billion to the repair of unsafe buildings. The Department for Levelling Up, Housing and Communities (DLUHC) previously announced that over 49 developers had signed a pledge committing to remediate “life critical fire safety works” in buildings over 11m that they were involved in developing and refurbishing in the last 30 years in England ...

Shoosmiths LLP | January 2023

There are less than 12 months until new mandatory biodiversity net gain (BNG) requirements are enforced as part of the Environment Act 2021. The legislation will require all new developments in England (bar a few exceptions) to deliver at least 10 per cent BNG – impacting both commercial and residential developers. Although the Environment Act received Royal Assent in November 2021, secondary legislation is set to be introduced to enable the relevant provisions to take effect ...

Shoosmiths LLP | January 2023

The key objective of the Building Safety Act 2022 is to improve building safety across the built environment, with a particular focus on the residential sector. The BSA received Royal Assent in April 2022 and will be implemented in stages ...

Shoosmiths LLP | January 2023

The Government has published its response to questions regarding “in occupation” higher-risk buildings.  Part 4 of the Building Safety Act 2022 (BSA) contains provision about the management of building safety risks in occupied higher-risk buildings. The draft Higher-Risk (Key Buildings Information etc) (England) Regulations 2023 sets out in more detail the allocation of responsibilities and obligations to be provided under that Part ...

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the Clean Water Act (CWA). This 2023 Rule follows years of uncertainty as to the scope of CWA jurisdiction that has included nationwide litigation and multiple Supreme Court decisions ...

Shoosmiths LLP | January 2023

Following the introduction of similar legislation in Scotland and Wales*, and a consultation exercise by the UK Government (the outcome of which was announced on 14 January 2023), a range of polluting single-use plastics will be banned from use in England from October 2023.  What is coming into force and why? Under the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc ...

Afridi & Angell | January 2023

What has happened?   On 27 October 2022 Sharjah Law No. 2/2022 was issued by Sultan Bin Mohammed Al Qasimi, Ruler of the Emirate of Sharjah expanding the rights of ownership of real estate within the Emirate to foreigners.In this inBrief, we look at the implications of this new law and what the expansion may mean for the real estate market in Sharjah ...

Shoosmiths LLP | January 2023

2023 is set to be a landmark year for the real estate industry, with major legal developments expected and new legislation coming into force. These changes are analysed below, with Shoosmiths’ experts examining the legislation and its implications on developers, investors, occupiers and others operating across the real estate sector ...

Shoosmiths LLP | January 2023

2022 was a record year for the UK’s living sector. Investment into the sector exceeded £10bn in Q3, fuelled by growth across build to rent, student accommodation and healthcare. While the data for Q4 is yet to be revealed, JLL predicts that the total investment for the year could surpass the £13.8bn recorded in 2021 ...

Shoosmiths LLP | January 2023

Sheelagh Cooley, real estate partner at Shoosmiths, comments on the successful Scottish green freeport bids - Inverness and Cromarty Firth Green Freeport and Forth Green Freeport. The Scottish and UK governments have announced Scotland’s first Green Freeports ...

Shoosmiths LLP | January 2023

As the ‘permacrisis’ of the last few years follows us into 2023, the construction industry is likely to experience further instability and economic uncertainty – driven by labour shortages, material and price fluctuations and the geopolitical landscape.  Economic conditions It’s not all bad news, however.  In December, the Office of National Statistics published its Construction output in Great Britain: October 2022 ...

Shoosmiths LLP | January 2023

The recent decision of an Inspector to reject confirmation of a compulsory purchase order (CPO) sought by the Royal Borough of Windsor & Maidenhead Council is a key reminder of the need to use CPO powers only as a matter of last resort and to be mindful of the impact of a proposed scheme on the human rights of affected landowners ...

Shoosmiths LLP | January 2023

Determining the correct rate of rent in a 1954 Act renewal can be a sticky subject at the best of times, not least when a rent-free period is thrown into the mix.  Section 34 of the Act allows the Court to determine the level of rent due under the new lease, taking into account comparable evidence and applying certain disregards.  Whilst s ...

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