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Developer meaning

What does Developer mean?
In legal practice, a developer is the party that procures, funds and manages a property development, commissioning design and construction to deliver the completed works. A developer need not own the land or the works; it may act through a special purpose vehicle and is commonly the employer under JCT or NEC building contracts. Developers negotiate development agreements (including with public bodies), let professional appointments, and give or take collateral warranties. They usually secure planning permission and enter planning obligations (for example, section 106 agreements in England and Wales, section 75 agreements in Scotland, section 76 agreements in Northern Ireland, and section 47 agreements and development contribution schemes in Ireland). ‘Developer’ is a descriptive term rather than a uniform term of art. Legislation may define it for specific purposes (for example, the UK Residential Property Developer Tax and certain Building Safety Act 2022 schemes), while planning statutes more often refer to the person carrying out development. In practice, the developer often also fulfils the ‘client’ role under the CDM Regulations (or Irish equivalents). Usage and legal effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though the applicable planning, tax and building safety regimes differ.
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CHECKLISTS
Drafting API Policies and Licence Terms: UK Checklist for Licensors covering Access, Acceptable Use, API Data, Security, IP, Data Protection and AI

In this Checklist, the following defined terms are relevant: application programming interface (API) refers to an application programming interface API Data means any data or other content on the Platform reached by the Application or the API Licensee, and/or sent from the Platform to the Application via an API API Licensee means a provider of an Application that connects to the Platform/API API Licensor means the provider of a Platform/API Application means an application of an API Licensee that uses an API Platform means a platform of an API Licensor that is accessed through an API An API is a source code-level interface that enables applications (specifically, software components) to communicate with one another. It is the outward-facing element of an application that sets the rules for how that application will interact with other software. A developer does not need to grasp the entire codebase of an application to build something compatible with it. So long as the software...

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CHECKLISTS
Rooftop solar PV on let buildings: legal checklist covering leases, PPAs, REGOs, SDLT, planning, grid, regulation, funding and redevelopment/early removal

For more practical, step-by-step guidance on solar projects, including viewpoints from several jurisdictions, consult the textbook also: Solar Power: A Practical Handbook. Negotiating a rooftop lease for solar PV panels When arranging a rooftop lease for solar PV panels, the matters at stake will differ according to the interests of the party you represent. Those issues shift depending upon whether one acts for the landlord, the occupier, or the solar tenant. Here, 'landlord' describes the owner of the freehold or a long lease of the relevant building; 'occupier' means the party in occupation; and 'solar tenant' is the entity proposing to install and own the panels. The solar tenant may equally be the building’s occupier, or could be a dedicated solar developer. A growing number of landlords are fitting solar panels to their properties—either via the same corporate vehicle that holds the building, or through a related solar company. This note addresses rooftop leases and, accordingly, assumes a structure in which the solar tenant is a distinct legal...

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CHECKLISTS
Rights of Light: Obtaining and Registering Light Obstruction Notices—Checklist under the Rights of Light Act 1959 and Local Land Charges Rules 1977 (England and Wales)

This Checklist This Checklist explains the process for securing and recording a Light Obstruction Notice (LON) under the Rights of Lights Act 1959 (RLA 1959). It includes an outline of the 19 years and one day rule, the steps to seek a definitive and/or temporary certificate from the Upper Tribunal (Lands Chamber) (UT), and how to file the LON for entry as a local land charge. From 12 April 2015, oversight of local land charges moved to HM Land Registry. The Local Land Charges Rules 2018, SI 2018/273 (LLCR 2018), which are required to implement these amendments, took effect on 6 April 2018. That said, these provisions only apply within a local authority’s area once the Registrar has issued written notice to that authority confirming the date from which the amendments will operate. This Checklist therefore describes the process for registering a Light Obstruction Notice where no such written notice has been given by the Registrar and, as a result, the Local Land Charges Rules 1977, SI 1977/985...

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FLOWCHARTS
NEC3 Engineering and Construction Contract: Compensation Event Claims Process for Time and Money — Flowchart

Section 106 planning obligation flowchart This flowchart explains the process for drafting and finalising a section 106 planning obligation. It sets out the duties of the developer and the local planning authority, and the schedule associated with the granting of planning permission. (PDF version)...

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NEWS
EU competition law: AG opinions on Android Auto access, AGCM time limit, air cargo effects test; Commission enforcement evaluation; NCA interim measures; State aid judgments; mergers (5 September 2024)

Antitrust Advocate General suggests Google’s refusal to provide third party access to Android Auto platform may breach Article 102 TFEU Advocate General Laila Medina issued her opinion in Case C- 233/23 Alphabet and Others, a national reference from Italy that seeks guidance and clarification on whether Google’s stance of denying third-party access to Android Auto (a mobile app for Android devices) infringes Article 102 TFEU. For context, Google is the developer of Android OS, an open-source operating system for Android mobile devices. In 2015, Google rolled out Android Auto, an app for mobile devices with an Android operating system that allows motorists to use certain smartphone apps via a car’s integrated display. Independent developers are able to produce iterations of their own apps that work with Android Auto by applying templates supplied by Google. Enel X (part of the Enel Group) delivers electric car charging services. In May 2018, it introduced JuicePass, an app which provides a suite of features for charging electric vehicles. In September 2018, Enel X...

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NEWS
Investor–State Arbitration at a Crossroads: Honduras Leaves ICSID, Ecuador Moves to Rejoin, EU Investment Court Proposals and UNCITRAL Reforms Drive Global Debate on Investment Protection and FDI

Honduras rejects the ICSID Convention In recent weeks, Honduras announced it would repudiate the international treaty under which it consented to submit disputes to the World Bank’s International Centre for Settlement of Investment Disputes (ICSD), better known as the ICSID Convention. The move followed the country being hit last year with nine distinct ICSID claims, among them a politically charged action brought by a US-based developer seeking up to US$10.7bn in compensation. Honduras now mirrors three other Latin American states that have denounced the ICSID Convention: Ecuador, Bolivia and Venezuela. Across Europe, parliament have also been keen to jettison investment arbitration in favour of a new investor court, promising reforms they believe could rebalance a regime that critics often say tilts towards investors. India, South Africa and New Zealand have likewise taken steps in recent years to curb their exposure to investor–state disputes, so at first sight it may seem these Latin American moves are part of a worldwide revolt against investor–state arbitration. Yet that impression would overlook a...

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NEWS
Upper Tribunal in Vista Tower confirms joint and several RCOs; clarifies ‘just and equitable’, ‘building safety risk’ and remedial cost reasonableness under the Building Safety Act 2022

The FTT decision As noted in a previous Insight, the proprietor of Vista Tower ('Grey') applied for an RCO against the building’s original developer and 95 additional parties who met the definition of ‘associated persons’ due to shared directors during 2017 to 2022. The owner requested an order requiring the respondents to cover both historic and forthcoming costs to rectify fire safety defects, estimated at over £20m. The FTT granted that relief, on a joint and several liability basis, against 75 respondents. The appeal Certain respondents appealed on these grounds: whether the Tribunal can make RCOs rendering multiple respondents jointly and severally liable for the same overall sum, or whether it must make individual orders against each respondent for a specifically identified amount. whether the Tribunal misdirected itself on the “just and equitable” test, given that for many respondents there was no demonstration that they participated in the relevant development or obtained remuneration from it, and that the Tribunal improperly required respondents to...

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PRACTICE NOTES
Residential leasehold flat developments: alternative structures, management arrangements, lender requirements and statutory considerations (England and Wales)

This Practice Note summarises several of the principal ways in which a residential flat project can be structured. It provides an overview of alternative leasehold flat arrangements for both developers and purchasers of residential flats. A central issue in residential leasehold developments is securing adequate, enforceable covenants for the repair, maintenance and insurance of the shared parts of the development (that is, the structure, foundations, roof, principal walls, internal and external communal areas and common services). It also addresses how obligations for the common parts are allocated among the key parties. The following structures, and their differing approaches to apportioning responsibility for the shared parts between landlords, management companies and tenants, are considered: developer/landlord retains the reversion and the management role developer/landlord keeps the reversion but outsources management duties developer/landlord keeps the reversion while tenants assume management duties developer/landlord transfers the reversion and management functions to the tenants ‘criss-cross’ or ‘crossover’ arrangement ‘cat’s cradle’ arrangement This Practice...

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PRACTICE NOTES
Sewer adoption agreements under the Water Industry Act 1991, section 104: England and Wales procedures and differences, Ofwat Code, Sewerage Sector Guidance, charging, variation/termination and enforcement

Introduction The adoption of sewers is the mechanism by which sewers are vested in the sewerage undertaker or an appointed sewerage company, after which the undertaker meets the cost of maintenance. A sewer adoption agreement (described in this Practice Note as a ‘section 104 agreement’) is the contract that developers or, in Ofwat’s terminology, ‘self-lay providers’ (SLPs) enter into with the undertaker when the developer wishes the undertaker to assume responsibility for sewerage infrastructure they have built so that it becomes a public sewer. A sewer adoption agreement can likewise be used where a section 160 Water Industry Act 1991 (WIA 1991) arrangement exists under which the undertaker agrees to carry out works connected with constructing sewerage infrastructure at the relevant person’s expense. The statutory basis for undertakers to enter such agreements is WIA 1991, s 104. The approach to adopting new sewerage connections currently differs between England and Wales. Procedure for the adoption of sewers England In England, developers may provide their own sewerage infrastructure,...

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PRACTICE NOTES
Flood Risk and Development: NPPF Policy, FRAs/SFRAs, Sequential and Exception Tests, Authorities’ Roles and Reform (England)

Introduction to flood risk The UK carries a legacy of building in places vulnerable to flooding from rivers, surface run-off and groundwater. Ongoing expansion into rural and low-lying districts has resulted in around six million homes and properties being at risk of inundation today. This stems in particular from exposure to riverine, coastal and surface-water sources and supports a policy focus on risk-led spatial planning. Assessing flood risk is essential as property, legal and financial markets grow more sensitive to flood exposure and the rising costs of flood damage over time. Because flood risk management is now central to all new schemes and to property conveyancing, a variety of products and assessments are widely available in the market place offering differing scope and depth—see Practice Notes: Flood insurance and Flooding—flood searches. History of planning policy on flood risk Planning Policy Guidance 25: Development and Flood Risk (PPG 25), issued in 2001 and now withdrawn, represented the first significant statutory guidance on development and flood risk. The guidance...

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PRECEDENTS
Customer‑favourable bespoke software development and licensing agreement with IP assignment, source code delivery, acceptance testing, delay payments, warranties and indemnities (England and Wales)

This Agreement is entered into on [ insert date ] (the Commencement Date) by and between: Parties [ insert supplier name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (Supplier); and [ insert customer name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (Customer). Each of the Supplier and the Customer is a party, and together the Supplier and the Customer are the parties. Background The Supplier is [ an experienced software developer and ] [ insert the Supplier’s background details and the background to the relevant transaction ]. The Customer is [ insert the Customer’s background details ]. Subject to this Agreement, the Supplier shall develop software for the Customer and will licence (or arrange...

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PRECEDENTS
Deed of Planning Obligation under Section 106 TCPA 1990 (England): Precedent covering financial contributions, section 278 Highways Act 1980 works, open space, affordable housing, public art and biodiversity net gain

This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between: [ insert name ], of [ insert address ] (' Council '); [ insert name ], of [ insert address ] (' County Council '); [ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer '); [ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] '). Recitals The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the obligations contained in this Deed are enforceable. The County Council is the local highway...

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PRECEDENTS
Section 106 Unilateral Undertaking Precedent (England and Wales) under the Town and Country Planning Act 1990: Affordable Housing Contribution and Planning Obligations

This Deed comprising a unilateral undertaking is hereby executed on [ insert day ] of [ insert month ] by: Parties [ insert name of developer ] of [ insert address ] (the Developer); and [ insert name of any additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] of [ insert address of relevant party ] (the Owner/Landlord/Mortgagee etc) TO THE [ insert name ] COUNCIL of [ insert address of Council ] (the Council). BACKGROUND (A) The Council acts as the local planning authority for the purposes of s 106 of the 1990 Act for the area within which the Land lies. (B) [ Set out ownership particulars for the Land ]. (C) The Developer has lodged the Application with the Council and the Council has decided it will issue the Permission, conditional upon this Undertaking being completed. [ The Secretary of State has called in the Application for [ his/her...

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Q&As
Section 38 agreement: termination and bond release pre-commencement

Section 38 agreements These agreements fall under section 38 of the Highways Act 1980; refer to Practice Note: Highways—adoption agreements. There is no statutory route by which agreements can be ended or ‘cancelled’. However, a section 38 agreement may, in principle, be altered by a deed of variation, but this requires consent of all parties to the original agreement...

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Q&As
Section 73 TCPA 1990: Mid‑construction implementation—does grant and developer confirmation end the original permission?

Pinpointing when a planning permission issued under section 73 of the Town and Country Planning Act 1990 (TCPA 1990) takes effect, in circumstances where works have already begun, is frequently hard to assess. Consents made under TCPA 1990, s 73 constitute a fresh planning permission, leaving the initial permission untouched and unchanged, and enabling the developer to decide which permission it prefers to put into effect in each case...

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Q&As
Developer insolvency after CIL assumed: third-party landowner liability?

Stop press : The Levelling up and Regeneration Act 2023 obtained Royal Assent on 26 October 2023. This content is presently under review to ensure consistency with the Act. The Community Infrastructure Levy (CIL) originates in section 205 of the Planning Act 2008 (PA 2008) and took effect in 2010. It permits local authorities to levy a charge on new developments within their area where a new dwelling is created or additional floor space of 100sqm or more is provided. The detailed provisions are contained in the Community Infrastructure Levy Regulations 2010 (CILR 2010), SI 2010/948, made pursuant to PA 2008...

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