Commercial Property Conference at Scots Law 2022

With the remaining Covid restrictions falling away, the legal profession can turn its principal focus back to the business and practice of law under more normal circumstances.

Our next Scots Law series, Getting Back to Business, reflects this shift by providing an analysis of practical, statutory and caselaw developments in eight key practice areas that will help you offer best advice to your clients.

As the economic downturn begins to bite, our keynote speaker, Oliver Kolodseike of Colliers, provides the latest update on the commercial property market.  The scope and implications of the draft Leases (Automatic Continuation etc.) (Scotland) Bill will also be considered.

Current LBTT issues will be examined, as well as an in-depth look at the key planning issues for commercial conveyancers. The Registers of Scotland will update delegates on the recently introduced Register of Persons Holding a Controlled Interest in Land (RCI).

Also incorporating a property caselaw review, we look forward to welcoming you to this important conference chaired by David Steel of Harper MacLeod. Questions to be considered will include:

• what is the state of the commercial property market and is there a risk of recession?
• does the draft Leases (Automatic Continuation etc.) (Scotland) Bill improve matters or confuse them?
• what do commercial conveyancers need to know about planning law?
• how does the Register of Persons Holding a Controlled Interest in Land increase public transparency?
• what are the LBTT issues to consider on lease regears?
• what are the most notable commercial property cases of the last year?

What's being covered?

Commercial property market update

Although the UK economy and commercial property markets have enjoyed a strong start to the year, rising inflation and tighter monetary policy are limiting economic growth. This session will look at the state of the commercial property market, current economic conditions and the risk of a UK recession.

Oliver Kolodseike, Colliers

The draft Leases (Automatic Continuation etc.) (Scotland) Bill: improving or confusing? 

This session will provide an overview of the current legal position on matters affected by the draft Bill and look at the scope of the draft Bill including: tacit relocation or “Automatic Continuation”; other termination notices; and irritancy. Potential practical issues with the draft Bill and next steps will also be discussed.

Alan McMillan and Kieran Buxton, Burness Paull

Key planning law issues for conveyancers

What do conveyancers need to know about planning law? Planning is relevant to all forms of property/sectors. Existing assets involve issues about whether necessary consents have been obtained, including permitted development rights and the Use Classes Order. Listed buildings and conservation areas must also be taken into account. Greenfield development sites require consideration of procedures to obtain consent for development, including section 75 obligations, and the potential for judicial review if consent is granted. This discussion will include case studies and an update on implementation of the Planning (Scotland) Act 2019 in relation to short term holiday lets and other matters. 

Neil Collar, Brodies

Increasing transparency: The Register of Persons Holding a Controlled Interest in Land

The Register of Persons Holding a Controlled Interest in Land (RCI) went live on 1 April 2022. The purpose of RCI is to hold a record of a person or persons that can influence decisions concerning ownership of land in Scotland.  RCI will increase public transparency over decision making concerning land and ensure there can no longer be categories of owner or tenant where, intentionally, or otherwise, control of decision making is obscured.

Nikki Duke and Lynne Johnstone, Registers of Scotland

Commercial property LBTT update

In this session we will consider: LBTT on overage and deferred payments; works as consideration for LBTT - prudential planning and the works exemption; LBTT issues to consider on lease regears and some tricky issues on lease review returns and assignations/renunciations.

Isobel d’Inverno, Brodies

‘Very good law for all that’ – a caselaw update

A survey of the most notable commercial property cases of the last year – from landlords nearly in contempt of court to tenants stripping their properties. This talk will be important and useful for those wishing to ensure they stay on top of the important developments in all of the key areas of commercial property law.

Tim Young, Ampersand Advocates

This conference is proudly sponsored by First Scottish