Property Development – Getting The Structure Right

In recent years, property developments in Jersey have increased in scale and complexity, with a consequent need for sophisticated and often multifaceted legal structuring tailored to meet the individual requirements and characteristics of each. All developments are, of course, physically unique and the way in which each is legally structured will differ from one development to another accordingly. Factors that will influence the structuring include the mix of residential and/or commercial units.

When undertaking a development, one of the essential aspects of which the developer will need to be certain is that prospective tenants and purchasers, of both commercial and residential units in the development, will be acquiring interests which, in legal terms, are both readily saleable – making sure not to unnecessarily restrict the size or composition of the market to which the developer is able to sell - and also readily able to be used as collateral in support of loan