E:gen - September 2015

Buying a Real Estate Company

This article examines the situation where title to a property is held by a company and a buyer is considering purchasing the shares in that company, rather than the property directly. It will look at the key additional factors that a buyer needs to be aware of and some of the questions it will need to ask.

Waterside Properties: Don’t Get Washed Away by Your Obligations

Owning a property near to or abutting water can be a very attractive prospect and valuable opportunity. In this article we discuss some key rights and responsibilities that accompany such ownership.

Indemnities Laid Bare: How to Limit Your Exposure

We all want one but hate to give one. Parties with the benefit of an indemnity can claim for the amount of loss suffered, however much that loss may be, so long as the loss and the event that caused it is covered by the wording of the indemnity. Great to be indemnified but unnerving and uncertain if you are the indemnifier.

Use it or Lose it

Housing providers should consider acting now to benefit from the current reduced rate VAT treatment of the installation of energy-saving materials. The European Court of Justice (ECJ) has decided that the UK’s blanket application of the reduced rate to all housing is illegal. According to EU VAT rules, the reduced rate should apply to social housing only. HMRC has stated that the current legislation will not be amended before the Finance Act 2016 – this still gives housing providers and their residents some time to benefit from the current reduced VAT rate before the VAT rate may be increased to 20%.

Flood Risk: Plain and Simple

After one of the rainiest Augusts on record, what can be done for developers to help mitigate flood risk? We are all aware (particularly after a summer that required even the hardiest socks-and-sandal fan to dig back out their wellies) that flooding is these days something to be taken seriously. Flood risk can make everything more difficult when it comes to property: mortgages, insurance, sales and developments can all be complicated by flood risk.