Developments and funding for construction lawyers

Many of the large construction projects in the UK and abroad would probably not take place without the assistance of external funding. In the UK, it is mainly the large banks and other financial institutions, such as insurance companies, who lend money to developers and other construction clients, to enable them to carry out these projects. Large construction projects require cash up front to fund the construction work. A client will only get a return on its investment following completion and only if it chooses to sell the development. Most construction clients would be unable to fund this cash flow model from their own cash reserves and so external funding is required.

The process of funding a construction project involves the lender providing funds to the developer during the life of the project and the developer agreeing to repay the loan at an agreed rate of interest at an agreed future date. The terms and conditions of the arrangement are recorded in various documents, but from a construction lawyer's point of view, the most important is the funding or facility agreement.

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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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