Property transactions due diligence for construction lawyers

When a client is proposing to purchase a property (or properties) or to purchase a company whose assets include properties, due diligence will need to be carried out to ensure that the properties are sound and that 'good title' can be obtained. Where the property in question contains a building which was built less than 12 years before and/or where a substantial amount of construction work has been carried out at the property within the past 12 years, it is advisable that full due diligence of the construction documentation is carried out.

What are the main reasons for carrying out construction due diligence?

  1. to establish what construction contracts

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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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