Jurisdiction(s):
United Kingdom

England and Wales real estate finance: lender and borrower checklist on title, authority, overseas entities, development risks, income/security structures, insurance, environmental obligations, covenants, tax and completion

Published by a LexisNexis Banking & Finance expert

Checklists

This checklist outlines the main points to address when representing either the relevant lender or the borrower in a real estate finance deal. It proceeds on the basis that any such property acquired and/or developed is situated within England or Wales.

Principal issues include:

verifying that the documents supplied by the seller of the property are adequate and sufficient to secure good title and to effect registration of the property
checking that all parties possess the capacity and authority to enter into the transaction
assessing whether the transaction involves any bodies incorporated or constituted overseas that intend to buy, sell or otherwise deal with the property. See Practice Note: The register of overseas entities and its impact on loan transactions (Economic Crime (Transparency and Enforcement) Act 2022), and
evaluating whether the transaction involves the proposed development of a property and, in particular, whether it includes a ‘higher-risk building’...

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Web page updated on 20/05/2026

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