A property development depends on more than acquiring a suitable site. Title restrictions, access, infrastructure, planning requirements and contractual commitments can all affect whether the project can proceed as intended.

Sherwin O’Riordan property development solicitors advise on the legal arrangements supporting commercial and residential development projects across Ireland.

We work with developers, landowners, investors and development funders to understand the proposed project, identify legal issues and prepare the documentation needed at each stage.

Whether you are acquiring development land, negotiating an agreement with a landowner or preparing completed premises for sale or letting, we provide advice that reflects your role and commercial objectives.

Call 01 663 2000 or contact our property team to discuss your development project.

 

Legal Advice Throughout Your Development Project

Decisions made at the beginning of a development can affect funding, construction and the eventual sale or occupation of the property.

We consider those connections when advising on the proposed arrangements. A site acquisition, for example, should be assessed against the intended development and the rights needed to support it.

Our advice addresses the legal documents and obligations alongside the project’s practical requirements. Where specialist technical or financial input is needed, we work with the relevant advisers within the agreed scope of our instructions.

 

Site Acquisition and Development Land

Before committing to acquire a site, it is important to understand the interest being purchased and any matters that could restrict its use.

We investigate title, review proposed contracts and raise relevant enquiries. Depending on the site and transaction, our advice may address:

  • Ownership and the seller’s entitlement to transfer the land.
  • Rights of access and rights relating to services.
  • Covenants, restrictions and other title burdens.
  • Existing leases, licences or occupation arrangements.
  • Relevant planning documentation.
  • Third-party consents and contractual conditions.
  • Existing security and arrangements for its discharge.

Where an acquisition is intended to depend on planning, funding or another event, the contract needs to address the agreed conditions and their consequences.

We explain material findings so that you can assess their effect on the proposed development before proceeding.

Read about our commercial property conveyancing services.

 

Planning and Development Requirements

Planning matters can influence the design, timing and viability of a project.

We advise on legal issues arising from the planning position, including relevant permissions, conditions and obligations affecting the proposed development. Where a challenge or dispute arises, we assess the legal options and any applicable deadlines.

The legislation and transitional arrangements relevant to a project must be considered in the circumstances of that matter.

Our legal advice complements the work of your planning consultant, architect, engineer and other specialists. It does not replace their technical assessments or responsibility for preparing the relevant designs and reports.

 

Access, Services and Infrastructure Agreements

A development may require rights and agreements extending beyond the site itself.

Access roads, drainage, utility connections and other infrastructure can depend on arrangements with neighbouring owners, service providers or public authorities.

We advise on the legal documentation required to establish or regulate those arrangements. This may include rights of access, easements, wayleaves and infrastructure agreements.

We consider the responsibilities, costs and continuing obligations involved, together with how the arrangements will support future sales, lettings or management of the development.

 

Development Agreements

A development agreement should clearly record the parties’ roles and the conditions on which the project will proceed.

We draft and negotiate agreements involving developers, landowners and other participants. Depending on the structure, the documentation may need to address:

  • The scope of the proposed development.
  • Conditions that must be satisfied.
  • Responsibilities for works and expenditure.
  • Access to the site and control of activities.
  • Payment arrangements and project milestones.
  • Approvals and decision-making.
  • Completion requirements.
  • Default, termination and dispute resolution.

We explain how the proposed terms affect your position and identify matters requiring further negotiation.

 

Construction Contracts and Professional Appointments

Construction documentation needs to reflect the project and the responsibilities being undertaken.

We advise on the legal terms of contractor agreements and relevant professional appointments. Matters requiring attention may include the scope of obligations, payment, changes to the works, delay, insurance and contractual remedies.

Where appropriate, we also advise on collateral warranties and other documents required by funders, purchasers or tenants.

Technical specifications, design and construction supervision remain matters for the appropriately qualified project professionals.

 

Development Funding and Security

Funding requirements should be considered alongside the acquisition and development arrangements.

We advise on property-related finance and security documentation, including the legal requirements affecting title and project documents.

Where funding is subject to conditions, those requirements need to be coordinated with the proposed transaction and project timetable.

Our advice concerns the legal commitments involved. Funding availability, valuation and commercial lending terms should be addressed with your lender or financial adviser.

Read about our commercial property finance services.

Pre-Letting and Agreements for Lease

A proposed tenant may agree to take premises before construction or refurbishment is complete.

An agreement for lease should address the circumstances in which the lease will be granted and the obligations applying before then. Depending on the arrangement, this may involve specifications, completion milestones, fit-out access, longstop dates and termination rights.

We advise the client we represent on the proposed documentation and its relationship with the eventual lease.

Read about our commercial lease services.

Sales, Lettings and Project Completion

The legal arrangements for selling or letting completed property should be considered as the project develops.

We assist with relevant contracts, leases and completion documentation. Where a scheme involves shared areas or services, the rights and management arrangements need to be addressed in the documentation.

Early preparation can help identify information and documents that purchasers, tenants and their funders may require.

Read about our commercial property sales services.

Environmental and Other Specialist Issues

Environmental matters can affect the acquisition, development and future use of land.

We advise on the legal implications of relevant documentation, obligations and contractual provisions. Specialist investigations may also be required to assess matters such as contamination or other site conditions.

Legal due diligence does not replace environmental reports, engineering investigations, surveys or valuations. The appropriate assessments depend on the site, its history and the proposed works.

Tax treatment should also be considered when structuring a project, with input from your accountant or tax adviser where appropriate.

Resolving Development Disputes

Disputes can arise over development agreements, payment, contractual performance, access or completion obligations.

We assess the relevant documents and evidence, explain the available options and consider the effect of the dispute on the project.

The appropriate response may involve negotiation, mediation, arbitration or court proceedings, depending on the agreement and circumstances. Seek advice promptly where a contractual notice, procedural deadline or urgent threat is involved.

Explore our commercial litigation and dispute resolution services.

How We Work With Your Project Team

We begin by understanding your role, the proposed development and the decisions requiring legal advice.

We review the relevant documentation, identify significant issues and discuss the steps needed to progress the matter.

Throughout the instruction, we coordinate with the relevant parties and advisers, explain important developments and keep the agreed commercial objectives in view.

Explore our wider commercial property services.

 

Property Development Advice in Dublin, Wicklow and Across Ireland

From our offices in Dublin and Wicklow, we advise developers, landowners, investors and development funders on projects throughout Ireland. Our advice covers the legal arrangements for acquiring sites, documenting development commitments, arranging security and preparing properties for sale or letting.

Speak to Our Property Development Solicitors

If you are acquiring a site, preparing a development agreement or progressing a property project, contact Sherwin O’Riordan to discuss the legal advice required.

We advise clients across Ireland from our offices in Dublin and Wicklow.

Telephone: 01 663 2000
Email: info@sor.ie
Dublin office: 74 Pembroke Road, Ballsbridge, Dublin 4, D04 X339

 

Speak with a Solicitor Today – Call 01 663 2000

Contact us today through our online contact form.

Seek advice early, ideally before signing acquisition documents or making commitments that may be binding.

Early involvement allows time to investigate title, consider the proposed structure and identify conditions or protections needed in the documentation.

Yes. We can assess the legal position and advise on proposed acquisition terms, including any agreed planning-related conditions.

Planning suitability and the prospects of obtaining permission also require input from the relevant planning and technical advisers.

Yes. We advise on legal arrangements supporting commercial and residential development projects.

The work required depends on the scheme, your role and the proposed acquisition, funding and disposal arrangements.

Useful starting information includes the site address, ownership details, proposed terms, available title documents and planning records.

Tell us about the intended development, funding arrangements, other parties involved and any approaching deadlines.

Yes. We can coordinate with your planning consultant, architect, engineer, surveyor, accountant and other advisers where relevant to our instructions.

Each adviser’s role should be clear so that legal, technical and financial questions are addressed by the appropriate professional.

Costs depend on the project, the documentation and the scope of the instruction.

We explain the proposed legal work and applicable costs information. Where the project involves several stages, we discuss the work required as those stages develop

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