Our housing development and regeneration team is one of the largest in the country, and advises on all types of development transactions—from forward funded schemes, s106 acquisitions, golden brick transactions, land led schemes, options/conditional contracts, overage provisions and large scale estate regeneration schemes, and stock rationalisations to general asset management work. Capsticks provides on-budget and on-time advice to over 200 registered providers (RPs) in the housing sector from our offices in Birmingham, Chorley, Leeds, London and Winchester.
With the increase in social housing providers moving into bespoke private development to supplement their affordable development programmes, the focus has been on creating new homes and new communities via joint ventures and direct development. Our team has helped a number of RPs with such projects.
We have a unique relationship with, and are highly-trusted by, our clients and are frequently used as a “sounding board” when developing the structure of innovative new projects.

How can Capsticks help?

  • Asset management

    Our expert team are helping many RPs realise significant capital receipts selling void units on the open market. We work with both portfolio sales teams and third party agents (including auctioneers) to realise returns on these units, whilst providing expert advice upon dealing with the restrictions or clawback on outright sales that may have been imposed in the LSVT transfer which may be triggered on such sales.

    We have a dedicated asset management team that act exclusively for RPs in relation to the right to buy and right to acquire disposals legislation, lease extensions, staircasing and resales.

  • Banking and capital markets

    Our corporate banking team advises health, care and housing clients principally on facilities and private placements.  We have a focused approach working closely with the security charging team to ensure that the key issues arising for clients in each of our key sectors are addressed in order to meet their funding needs.

  • Commercial property

    Our team recognise that commercial property is not your core area but we have the specialists in place within our Housing team to give you the advice that you need.  This may range from acquisition, disposal or leasing of your own corporate headquarters buildings, works depots and care homes to dealing with commercial enterprises such as retailers, service providers and hospitality lets.  By working with you at all stages, we can help you to best maximise the income return on your commercial units.  Our non-contentious team can assist with defaulting tenant compliance with repair covenants, non-payment of rent and other common problem issues that arise during the term of a commercial lease.

  • Construction: non-contentious

    We have extensive construction expertise and provide support to our clients from the development of their business case through to completion of the project. We provide all types of planning advice from s106, Community Infrastructure Levy (CIL) to preliminary planning advice and strategy. We work with our clients to support the development of their construction strategy and to appoint their professional team and build contractor. This includes advice on procurement options, one stage and two stage contracting, using national frameworks for direct call-off and mini-competitions and running full procurement processes, including the competitive dialogue process. We have experience of all of the industry standard form contracts such as NEC and JCT, as well as bespoke arrangements, sub-contracts, consultant appointments and collateral warranties. Our experience includes hospital new build and regeneration, HIP projects, multi-story car parks, energy projects, and PFI projects.

  • New home sales

    We advise RPs on all aspects of the process relating to sales of their new build units dealing with the initial site set up documentation and all types of sale transactions including shared ownership, shared equity, private sales and part exchange. Our team are set up to deal with over 1,000 transactions per annum and we receive instructions from Plymouth to Kent up to the North West. Our team prides itself on our efficiencies and the ability to exchange and complete within tight timescales.

  • Planning

    We advise clients on all aspects of the planning process from policy and development control, (and preliminary planning advice through to planning appeals and judicial reviews.

    As part of land led schemes we regularly prepare and negotiate s106 agreements (ranging from small scale sites through to large phased residential developments encompassing thousands of units). In addition we are able to review historic s106 agreements (as part of s106 led schemes and charging exercises) and where necessary prepare and negotiate deeds of variation.

    We advise clients in connection with Community Infrastructure Levy (CIL), planning enforcement, lawful development, strategy and resolution of complex planning disputes including but not limited to NSIP, environmental permitting, listed buildings, CPO, TPO, use class queries, permitted development and prior approval, Article 4 directions, high hedges etc.

  • Procurement

    Specialist procurement advisors within the housing development and regeneration team work with our housing clients on all aspects of their procurements including: reviewing procurement strategies; ensuring compliance with the Public Contracts Regulations 2015; drafting tender documents and questionnaires; attending dialogue/negotiation meetings; advising on the selection and evaluation process; setting up Framework Agreements and Dynamic Purchasing Systems (DPS) and using nationally established versions; and contract extensions and other changes.

    We work closely with the team on development transactions, identifying where “works contracts” will form part of the transaction or where exemptions may apply to bring the transaction outside of the procurement regulations.

  • Stock rationalisation (acquisition, disposal and stock-swap)

    With increasing regulation and statutory compliance requirements being imposed that affect your housing stock, our team of experienced housing specialists anticipate increased activity in the disposal of older stock.  This will provide opportunities for rationalisation for larger providers and expedited growth for smaller and medium-size providers.  Stock rationalisation is a key part of delivering cost efficiencies for your organisation and these projects will provide capital receipts as well as improved asset management service standards and efficiencies. Our team, working alongside your valuation adviser, has considerable experience in this area, so that we can guide you from heads of terms stage to successful outcome, with the support of colleagues to deal with employment, regulatory and resident consultation issues as they arise.

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