Commercial Property - the Online Summer Series 2023

The modern commercial property lawyer requires to harness an increasingly varied knowledge base to meet the growing demands of clients. Our new online commercial property conference will take an extremely practical look at some of the key areas where real estate lawyers need to have a thorough understanding.

Chaired by David Steel of Harper Macleod, this new conference, taking place online, will include topics ranging from repair under commercial leases, the latest on service charges and the implications for real estate practice of the recent changes in planning law to VAT, the environmental aspects of commercial transactions and risk management.

An expert panel of speakers will join David, including Ken Gerber from Mitchells Roberton, Alan McMillan of Burness Paull, Brodies’ Neil Collar, Ainsley MacLaren from MacRoberts, Chala McKenna of Davidson Chalmers Stewart and Kenneth Law from Lockton.

Questions to be considered will include:

• what impact do the recent changes in planning law have on real estate practice?
• repairs - how do you draft to maximise your client’s position in a lease?
• what are the key service charge developments you need to know?
• what are the recent HMRC practice changes in respect of VAT?
• what are the current relevant environmental issues that impact on real estate transactions?
• what can practitioners do to avoid risk in commercial property transactions?

What's being covered?

Repairs under commercial leases – a practical perspective

The condition of a commercial property is key to ensuring a continued rental flow for the landlord and the viability of the business of the tenant.  This comprehensive session will consider: drafting to maximise the landlord’s or tenant’s position; enforcing repairing obligations during the term; forcing a tenant to do works after the lease has ended; and how to avoid unexpected repair liabilities.  The impact of the recent pandemic will also be assessed.

Alan McMillan, Burness Paull

Case law and update on service charges in Scottish commercial leases

This session will focus on: recent case law; PSG lease treatment of service charge; exclusions and limitations: and service charge caps and excusal.

Ken Gerber, Mitchells Roberton

Recent changes in planning law – implications for real estate practice 

The planning system continues to go through a period of change. There are implications for real estate practice from the continuing roll-out of the reforms in the Planning (Scotland) Act 2019; the introduction of National Planning Framework 4; and changes to the Use Classes Order.

Neil Collar, Brodies

Commercial property and VAT

VAT remains a topic that everyone working in the commercial property sector needs to understand.  This talk will cover some of the core VAT issues that arise in everyday transactions such as the status of the supply, the option to tax and transfers of going concerns as well as some recent changes in HMRC practice.

Ainsley MacLaren, MacRoberts

Environmental issues in commercial property transactions

Environmental law is a complex, niche and ever-changing area but solicitors practicing in other areas, such as commercial property, often encounter scenarios where environmental considerations are important. This session looks at several environmental issues which may arise in commercial property transactions. It will help solicitors identify where environmental issues may be relevant and when to seek specialist advice.

Chala McKenna, Davidson Chalmers Stewart

Risk management for commercial property lawyers

This session will look at particular risk areas for commercial property transactions and discuss what practitioners can do to avoid them, as well as strategies and procedures solicitors can adopt to protect themselves should a claim arise. Topics covered will include substantive property law risks and more procedural issues, and the resources Lockton offers to support the profession.

Kenneth Law, Lockton

This conference is proudly sponsored by First Scottish

.