Affordable Housing Solicitors
Real Estate
- Affordable housing support options, including development and funding.
- Adherence to regulatory measures and affordable housing policies.
Commercial Advice for Affordable Housing Obligations
Affordable housing obligations shape the viability and timeline of any major development in London. Gurve Legal is a London-based commercial law firm advising developers, investors and landowners on the legal side of affordable housing, from Section 106 negotiation through to delivery.
Most firms in this space act for housing associations or local authorities. We position ourselves on the commercial side, working for the businesses and individuals driving development forward.
Our approach is practical and joined-up, working alongside our wider real estate and finance teams so your advice reflects the whole project, not just one part of it.
Our Affordable Housing Legal Services
Section 106 Agreements
Poorly negotiated obligations can undermine a scheme’s viability, while delays finalising the agreement can stall planning permission for months. We negotiate, draft and review S106 agreements so obligations are proportionate and deliverable.
- Negotiation of affordable housing percentages and tenure mix
- Viability and review mechanisms
- Cascade provisions and phasing arrangements
- Discharge and variation of existing obligations
Shared Ownership Transactions
Shared ownership schemes carry legal requirements that differ from standard conveyancing. We advise on lease grants, staircasing transactions and the framework governing shared ownership sales for developers and registered providers.
Site Acquisitions with Affordable Housing Constraints
Existing S106 agreements and tenure restrictions can significantly affect site value. Our acquisitions and disposals team reviews site-specific obligations to structure transactions that reflect the true legal position.
Joint Ventures and Partnership Structures
Many affordable housing schemes are delivered through joint ventures between developers and housing associations. Our joint ventures team advises on governance, risk allocation and exit arrangements for these partnerships.
Affordable Housing Finance
Delivery often combines private finance, grant funding and institutional lending. We work alongside our finance and banking team to ensure funding structures and security arrangements reflect affordable housing constraints.
Planning Compliance and Disputes
Obligations continue well beyond the initial S106 agreement. We advise on discharge of planning conditions, compliance monitoring, and disputes over interpretation, with our property litigation team available where enforcement issues arise.
Why Choose Gurve Legal
Commercial Focus on the Developer Side
Most firms advising on affordable housing act for housing associations or local authorities. We focus on developers, investors and landowners who need to manage these obligations as part of a wider commercial project.
Joined-Up Advice Across Planning, Property and Finance
Affordable housing sits at the intersection of several legal disciplines. Our real estate, corporate and finance teams work together on the same transaction, so you get coordinated advice rather than managing multiple firms.
Clear Advice on Complex Obligations
Section 106 agreements can be highly technical. We translate obligations into plain-English advice, explaining what you are committed to and when.
London Market Knowledge
Affordable housing requirements in London are among the most demanding in the country, with the Mayor’s policies and individual borough requirements adding layers of complexity. Our team understands how obligations are typically negotiated on London sites.
Frequently Asked Questions
What is a Section 106 agreement?
A Section 106 agreement is a legally binding contract between a developer and the local planning authority, used to secure obligations such as affordable housing that make a development acceptable in planning terms.
Can Section 106 affordable housing obligations be varied?
Yes, in certain circumstances, particularly where a viability review shows the original obligations are no longer deliverable. This requires formal negotiation with the local authority.
What is the difference between shared ownership and standard leasehold?
Shared ownership allows a buyer to purchase a percentage of a property and pay rent on the remainder, with the option to buy further shares over time through staircasing.
Do affordable housing obligations affect site value?
Yes, significantly. Existing S106 obligations, tenure restrictions and cascade provisions all affect what a site can be developed for and should be checked before any acquisition.
Who typically delivers affordable housing on a development?
Developers often sell the affordable housing element to a registered provider, such as a housing association, under the terms set out in the Section 106 agreement.
Talk to Our Affordable Housing Team
Whether you are at the early stages of a development, negotiating a Section 106 agreement, or dealing with an ongoing compliance issue, Gurve Legal can provide the clear, commercial advice you need. Our affordable housing solicitors work with developers, investors, and landowners on projects of all sizes across London and beyond.
Call us: +44 207 566 1188
Email us: info@gurvelegal.com