Agreements for lease for construction lawyers

An agreement for lease is an agreement entered into by a property owner or landlord and a tenant, under which the tenant agrees to enter into a lease in respect of the whole or part of a property in the future, following the fulfilment of certain obligations by the landlord as contained in the agreement for lease. Agreements for lease are needed in a number of situations, including where the lease cannot be entered into until after construction works are carried out.

Most agreements for lease are prepared by property lawyers, but where the agreement lease relates to the construction or refurbishment of a building, construction lawyers are usually asked to draft and negotiate the clauses which relate to construction. Given that the construction provisions can often take up the bulk of the document, construction lawyers need to understand both the nature of the property transaction and what construction clauses need to be included to protect the interests of the parties.

In addition to agreeing the relevant provisions of the agreement for lease, the role of the construction lawyer is also to ensure that the

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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