Mixed-use developments have many attractions from an urban planning viewpoint: for one thing, they offer a solution to the problem of flat-lining former retail areas. For another, they hold out the prospect of that elusive work/life balance, with leisure facilities and perhaps even the workplace within easy reach for residents.
These aspects can attract developers and investors, too, but the practicalities of accommodating residential use close to commercial uses bring potential management problems. They range from the impact of noise and other emissions of commercial users on residential occupiers, to maintaining flexibility over parking and other rights, and restrictions over residential service charges. The legislative protection enjoyed by residential occupiers, too, is very different from that in the commercial sphere, and it is essential to understand what legal structures minimise the potential impact of right to manage, pre-emption rights, restrictions on forfeiture, and other aspects of residential protection.
This webinar introduces the issues, which may of course be of relevance and importance to potential occupiers as well, whether residential or commercial. It will include:
- Car parking arrangements – preserving flexibility
- Nuisance: noise, smells and interference with easements
- Service charge consultations
- The right to buy
- The right to manage
- Variation of leases
- Restrictions on landlords’ remedies
- Common legal structures