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Comment & Opinion

Anticipating challenges before they arise in residential development

With ambitious government housing targets creating significant opportunity for residential developers, the path to delivery is becoming increasingly complex. Political uncertainty and a rapidly evolving regulatory landscape mean challenges can emerge at every stage of a project. In this environment, adopting a more integrated, lifecycle approach is critical to understanding how legal and regulatory requirements apply in practice and anticipating risk early.

It was with this in mind that we brought together clients and our specialists for a dedicated Residential Developers Training Day. The focus was simple: to support developers across the full lifecycle of their projects and to create a space where real-life experiences could be shared openly. We know from working closely with major residential developers that navigating an evolving regulatory regime is not always straightforward. The training event was designed to address this, helping to translate legal and regulatory requirements into practical, real-world application.

Understanding where challenges arise across the development lifecycle

The structure of the event was designed to reflect the realities of residential development, drawing on our understanding of the lifecycle and the pressures at each stage. By aligning the agenda to this structure, we focused on the issues that matter most, ensuring discussions were practical and relevant.

The discussions were structured around the five key stages of the development lifecycle – each with its own distinct challenges.

  • At the due diligence stage, understanding the site in detail remains fundamental, with issues such as rights of way, title constraints and incomplete investigations often creating delays later if not identified early.
  • Planning continues to be shaped by an evolving political and regulatory landscape, where navigating appeals, avoiding procedural pitfalls and responding to shifting policy priorities can be complex and time-consuming.
  • Environmental considerations are becoming increasingly critical, particularly around areas such as waste soil management. Rising costs, tighter regulatory scrutiny and significant consequences for non-compliance mean that early planning, accurate classification and robust audit trails are now essential.
  • During construction, challenges often centre on contractor performance and contractual risk – from ensuring clear termination rights to managing disputes, delays and incomplete works. Decisions made at the outset of contract negotiation can have a significant impact on how effectively issues can be resolved later.
  • Finally, at the litigation stage, the focus inevitably turns to dispute avoidance. Poorly drafted contracts, lack of early intervention, and reactive decision-making can all increase the likelihood of formal disputes, with associated costs and delays.

A clear theme emerged across each stage: many of the most significant challenges during delivery can be traced back to early decisions or overlooked issues. Taking a more holistic view helps developers understand how due diligence, environmental planning and contract strategy can shape outcomes later in the project.

Turning real-life scenarios into practical strategies

Rather than simply presenting these themes, the event was built around practical discussion points drawn from real scenarios, encouraging a more interactive and experience-led approach. Clients also kindly engaged directly with the content, contributing bespoke video insights to share their own experiences and perspectives on the topics discussed, while active participation from attendees helped to create a more dynamic and engaging format throughout. Attendees explored a range of common but often complex situations – from adopting a more strategic approach to planning appeals, to managing soil and environmental risks, and addressing issues with contractor performance.

Across each of these discussions, the importance of understanding how legal and regulatory frameworks operate in practice – not just in theory – was clear. Developers who take the time to think ahead, challenge assumptions and plan proactively are far better equipped to manage risk, avoid delay and maintain momentum throughout the lifecycle of a project.

Supporting developers at every stage

Supporting residential developers through every stage of their projects remains a central focus for our team. By sharing practical insight and facilitating open discussion around real-life challenges, we aim to help our clients not only respond to issues but anticipate them earlier, ensuring projects remain legally sound, commercially secure and positioned for success from the outset.

If you missed the training event and would like to know more about any aspect of the residential development process, contact us to discuss your upcoming projects.

Josh
Kitson

Partner

Planning & Infrastructure Consents

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Robert
Moore

Director

Planning & Infrastructure Consents

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Rachel
Turnbull

Director

Regulatory & Compliance

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Lucy
Wild

Senior Associate

Construction & Engineering

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David
Maclellan

Senior Associate

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Simon
Ingham

Partner

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Nick
Attwooll

Senior Associate

Commerical Dispute Resolution

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Charlotte
Spowage

Director

Real Estate

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