Fisher German Commercial Newsletter Spring 2017




Heightened focus on commercial

 
The recent merger has bolstered greatly our combined commercial capability while enabling us to offer clients expertise across our national firm of 450 building consultants, telecoms and utilities expert, town planners, compulsory purchase specialists and expert witnesses, to name but a few.

Indeed, it means we now have a more balanced and resilient business that can provide comprehensive advice on any property or land asset type.

That breadth is evident in the topics in this edition: ranging from the perils and opportunities afforded by HS2 and the Digital Economy Bill, to updates on new regimes for business rates and energy efficiency compliance.

We also feature items on our expanding footprint, with an imminent move into our first Yorkshire office in Doncaster, and a spotlight on professional services partner Jason Clines.

We’ve just kicked off our new financial year with a focus on growth in the commercial sector – after surpassing our 10% growth target for 2016-17.

Strong Market
 
The commercial property market is still remarkably strong despite Brexit uncertainties with many of our clients continuing to diversify their asset base into this sector.

This is driven by a shortage of quality industrial sheds despite strong demand. Our footprint near the major transport hubs of the country makes us ideally placed to advise.

Clearly retail is still battling the head winds of the internet and the bricks v clicks dichotomy. And the offices sector is in flux mirroring the growth of remote and flexible working, though major city centres are continuing to do well.

Whatever your commercial property requirements, I am certain we can provide highly personal service with direct access to the best advice and support from senior decision makers and specialists.

Why not give us a call or pay us a visit? And if you want to speak to me, you can reach me on 07831 824663 or email here

I look forward to meeting you.

Duncan Bedhall - Partner




HS2 - full steam ahead to compensation

 
 
The starting pistol has finally been fired on HS2, the high-speed rail link from London to the north.

It is now full steam ahead since the High Speed Rail (London – West Midlands) hybrid Bill – essentially the planning application for HS2 – secured overwhelming support from MPs and Lords and gained Royal Assent on 23 February after three years of Parliamentary scrutiny.

Initial works begin imminently on Phase 1 from London to Birmingham, causing the Government to launch schemes totalling &70 million to recompense affected communities along the route.

Meanwhile, the safeguarded route for Phase 2a identifies swathes of land and property from Birmingham to Crewe facing a presumption for development.

Also we now know the revised proposed route for Phase 2b, the least advanced of the new lines, heralding potentially five years of uncertainty for the East Midlands and South Yorkshire before compulsory purchase orders are served with the prospect of compensation claims.

The Government says the new line will increase capacity on our railways, connect the biggest cities, generate jobs and stimulate economic growth.

Transport Secretary Chris Grayling MP says HS2 will be the world’s most advanced passenger railway and the backbone of our rail network, creating around 25,000 jobs during construction and supporting growth in the wider economy, worth an additional 100,000 jobs.

From 2026 tens of thousands of passengers will be using high speed trains every day between London and Birmingham and onwards to Manchester, Glasgow, Liverpool, Preston and Wigan.

From 2033, the high-speed network will go into the centres of Manchester, Leeds and Sheffield with onward services to Darlington, Newcastle and Edinburgh. Once complete, 351 miles of new track will link towns and cities. The government has previously introduced a comprehensive package of compensation and assistance for those directly affected by HS2.

In addition, the Homeowner Payment scheme is available to property owners in rural areas who live between 120 and 300 metres from the HS2 line wherever it is not in a deep tunnel, with applications for &7,500, &15,000 or &22,500, depending on how close they live to the proposed line.

Two funds, worth &40 million, are now open for bids – the Community and Environment Fund and the Business and Local Economy Fund – allocated at a regional level.

And a further &30 million will go towards road safety schemes in areas not currently accustomed to construction traffic to help fund a legacy of improvements for areas adversely affected by Phase 1 traffic.

We have worked extensively already on Phases 1 and 2a with blight notices, exceptional hardship / need to sell claims, impact assessment surveys and land interest questionnaires, survey access negotiations and licences, negotiating assurances on accommodation works and petitioning.

We are a national firm of 450 chartered surveyors, commercial property experts and town planners across 16 offices, a core team 50 specialising in compulsory purchase orders and compensation. Unusually, we have CPO knowledge and experience and property expertise across commercial, residential, agricultural, development land, renewables and utilities sectors.

We can optimise land and property owners’, tenants’ and occupiers’ claim positions and negotiate compensation claims and route amendments.

In short, we know the legislation and compensation regime and have a range of experts in valuation, claims management, dispute resolution and lands tribunal to help guide you. For further information, you can email me here

John Ikin – Partner



Business rates uncertainty

 
Since the announcement to delay the 2015 business rates revaluation to 2017, there has been widespread confusion across the industry. Last month’s apparent Budget U-turn on some of the imminent changes to the business rates regime has created further uncertainty.

Prior to that, the headlines had screamed of businesses facing ratings demands double or more what they have been used to - and unable to appeal unfair revaluations. Business owners and the Valuation Office Agency (VOA) together called for clarity and simplicity, something that ought not to have been difficult to achieve considering what went before, with some 1 million appeals being lodged against the 2010 listing’s 1.9 million hereditaments, and a staggering 300,000 of those appeals still unresolved at the start of this year.

What has been introduced is a different, more complicated process which makes it difficult for business owners to assess their position, without the need for professional expertise, with widespread resentment at substantial increases in Rateable Values, particularly regarding certain property sectors such as renewable energy schemes. But is everything as it seems, and all just one big tax hike by local and central Government?

Check, Challenge, Appeal

From April 1st 2017, all ratepayers wishing to appeal their Rateable Value must utilise the ‘Check, Challenge, Appeal’ process. Headlines read that the process will now take up to 18 months to resolve cases, ratepayers will be tasked with supporting and analysing their own claim with substantial evidence with fines for submitting incorrect analysis.

However, on closer inspection, the ‘Check, Challenge, Appeal’ process does appear to have some merit. Our understanding is the ‘Check’ and ‘Challenge’ phases will effectively be an ‘across the table’ discussion between ratepayer and the VOA to agree facts and discuss discrepancies. The intention is that many cases will be resolved in this manner, negating the need for a formal appeal. Where an agreement can’t be reached, the ratepayer will have the right to proceed to appeal.

This sounds a sensible approach, hopefully allowing both parties to articulate their point of view prior to incurring the wrath of red tape. Whether that will be the case, remains to be seen.

Increase to the Small Business Rates Relief (SBRR) threshold

Many of our occupier clients will benefit from an increase to the SBRR threshold from April 1st 2017. Until now, only commercial properties with a rateable value of &6,000 or less qualified for 100% SBRR, providing they fit the criteria, with tapered relief up to a rateable value of &12,000. That increases to potential full relief for properties with a rateable value of &12,000 or less, and the taper applied up to &15,000.

Also, the standard business rates multiplier of &0.48 will be applied on rateable values right up to &51,000, rather than up to &18,000 currently. So many small businesses will face no business rates at all now, with others paying less, even if their rateable values have increased markedly.

Variation in Values

One issue the VOA has sought to resolve is the variation of values applied to similar properties upon business estates. In one recent analysis of an office property situated upon a business estate in Chester, values within the 2010 list ranged from &103 to &146 per sqm across broadly comparable properties. In the 2017 listing, the properties in question all have a valuation of &147 per sqm.

Whether this valuation is right or wrong is one matter, but the streamlining of values makes it increasingly difficult for the ratepayer to prove their case, with a lack of comparables available.

Budget Announcements

In the recent delivery of the Budget, the Chancellor, Phillip Hammond MP, announced three measures for Business Rates in England;
 
- A cap so rates rise by no more than &50 a month for small businesses losing their rate relief
- Pubs to get a &1,000 discount on business rates of less than &100,000 Rateable Value (90% of Pubs)
- &300million fund for discretionary relief for local authorities to distribute

The first measure will certainly help ease the pain for those that have seen substantial increases that take them outside of the SBRR threshold.

With the Pub industry on its knees, the news of a &1,000 discount has been met with widespread criticism, with many industry experts claiming it doesn’t go far enough to address the issues blighting the trade.

On paper, the discretionary relief fund sounds promising, but there are already serious questions being asked about how this will be split between authorities and whether the fund will be accessible to those who really need it most.

With the 2017 listing due to start in a couple of weeks, the matter is still shrouded in mystery. No doubt it will unravel quickly through Q2 and Q3 of this year, and Fisher German are ideally situated in the market to professionally advise our clients on their liability and how best to move forward.

Case Law Update

A landmark ruling in the Supreme Court has been hailed as a ‘victory for common sense’ following a long running case between S J & J Monk and the VOA.

During refurbishment of their first-floor premises, S J & & Monk sought to reduce their listing, with a Rateable Value of &102,000, to &1 citing the property description should be altered to ‘building undergoing reconstruction’.

The case was initially rejected by the VOA, a decision which was upheld by the Valuation Tribunal. The Upper Tribunal then reversed this decision before the Court of Appeal reversed that back in to the VOA’s favour.

The Supreme Court Judgement found that a valuation officer must assess objectively whether a property is undergoing reconstruction, and therefore incapable of beneficial occupation, rather than simply being in a state of disrepair.
On the facts found by the Upper Tribunal, the building was undergoing reconstruction on 6 January 2012 and the Upper Tribunal was entitled to alter the rating list to reflect that reality.

A number of industry experts have celebrated this result, including Ion Fletcher, Director of Policy, British Property Federation who commented: “We welcome the Supreme Court’s ruling today, which has put a stop to business rates being charged on property undergoing redevelopment. Taxing property owners for buildings not making any income would have had a detrimental impact on the viability of refurbishments and regeneration up and down the country. At a time when uncertainty threatens business confidence, this would have been a step too far.”
 
For further information email Rob Haigh here

Rob Haigh - Associate



Doncaster - gateway to Yorkshire and the North

 
 
 

We’re excited to announce Fisher German’s continuing expansion as we open an office in Doncaster to relocate our thriving Retford Office to a larger conurbation with access to wider growth markets.

In early summer, we will be moving to south Doncaster, in the booming M1/M18 corridor, to open up the South Yorkshire market and provide access to the whole Yorkshire and The Humber region.

From our modern open-plan premises at Unit 2 Carolina Court, Lakeside, we will continue to service our Yorkshire, Nottinghamshire and Derbyshire client base working together with our office in Newark.

We believe the move will be a catalyst for further growth of our business continuing the double digit growth Fisher German has achieved over recent years

Certainly, the response we’ve had from clients and fellow professionals has been overwhelmingly positive and given us wholehearted endorsement of our plans.

You’ve told us you value enhanced transport links and the exposure to wider markets – something we firmly believe our new Doncaster base can offer.

From Doncaster, we will offer commercial, industrial, rural and residential property expertise, while being able to utilise additional services across the business, including building surveyors, planners, renewables and telecoms expertise.

We’re really excited about moving into our new surroundings in Doncaster and to meeting as many businesses, professionals and community leaders as possible and with that in mind, we would also love to welcome as many clients as possible to visit us in our new offices.

If you’ve got any questions, opportunities or concerns you want to discuss about the new office, please don’t hesitate to get in touch.


Kevin Benson – Partner
kevin.benson@fishergerman.co.uk
 



EPC - a pragmatic approach

 
 
 
 
Much has been written about the potential risks to commercial property landlords of the Energy Act 2011 – and the need to ensure the energy efficiency compliance of their properties within a year or face having to remove them from the rental market.

Yet never have we lived in such a fluid and evolving political and legislative climate with Article 50 now invoked and negotiations for our Brexit from the EU about to start in earnest.

Because the UK no longer has to ‘burden itself’ with what some see as ‘EU red tape’, we hear rumours that the Energy Performance Certificate (EPC) regulations may ultimately never make it to the statute book.

Whatever happens, property owners would be unwise to ignore them all together – and some of their provisions are sound business practice anyway.

By way of reminder, the Energy Act 2011 made it unlawful from April 2018 to let commercial or residential buildings with an Energy Performance Certificate (EPC) rating of F or G.

Practical regulations are still in flux, but guidance is available on the Government website.

We would not advise clients to spend money they don’t have to, but equally, effective asset management is about managing risks and maximising returns.

Properties with higher EPC ratings cost less to run and may also appeal to a wider pool of occupiers to whom energy efficiency is important.

In many circumstances, quite simple and cheap solutions help improve a rating and we all should have one eye to the proposed regulations and be ready to respond.

Dan Ballard – Partner
dan.ballard@fishergerman.co.uk
 



New Digital Economy Bill on the way

 
 
The new ‘Digital Economy’ will move a step closer in June, affecting land and property owners. That’s when the Digital Economy Bill is due to receive Royal Assent and pass into law a few months later – a move that heralds big changes for land and property owners and the telecoms industry.

With so much uncertainty for all parties, what are the facts regarding the bill? How will current arrangements change? And what reaction, if any, should we expect from land owners and operators?

The bill aims to realise the government’s long-stated ambition for widespread fibre optic broadband coverage, or superfast broadband, an area where the UK is falling behind other countries, damaging its competitiveness.

The Chancellor, Philip Hammond MP, announced several improvements for broadband connectivity in the United Kingdom in his first full budget last month, including boosts for 5G Mobile and another &200m for “full-fibre” (FTTH/P) networks. He also pledged last autumn to provide a new &1 billion Infrastructure Fund and work with operators to ensure 98% of the country is covered by superfast broadband by 2019.

The aim of the new legislation is to incentivise operators to provide wider and higher quality network coverage across the UK and to get both broadband and telecoms coverage to those areas where previously operators have not invested.

However, property and landowners fear that rents paid by operators will fall significantly and they may even lose control of their land and negotiation powers.

I can reassure you however that any arrangement between landowner and telecoms operator will be a ‘consensual arrangement’ and only in extreme cases where the parties cannot agree will the matter be fast tracked to a tribunal for determination.

Henceforth, leases will be value-based on a ‘no scheme approach’, ignoring the fact that a telecom operator is occupying the land. The new legislation envisages that operators will be able to share, assign and upgrade their equipment with limited consultation with landowners, to speed up the process and increase UK-wide coverage.

However, any changes made by operators can take place with limited consultation only if there is minimal adverse impact on the landowner's retained property. Land and property owners will now have more limited means of breaking a tenancy agreement with an operator. The previous reason of simply wanting to use the land themselves will no longer be a valid reason for terminating a tenancy agreement.

Whereas a valid planning consent for a housing or business development would be a valid reason to terminate, though the land or property owner will have to give 18 months’ written notice to operators.

The Digital Economy Bill once passed will apply only to new arrangements, while agreements already in place and with time to run will continue under the current 1984 Telecommunications Act.

You can find out more on how the Digital Economy Bill may affect you, by visiting the UK Parliament website.

Chris Hicks – Partner
christopher.hicks@fishergerman.co.uk



Spotlight on ... Jason Clines

 
 
 
Introduce yourself…

I’m Jason Clines, a Chartered Surveyor based in the Fisher German Worcester office.
I qualified in 1993 and have practised in Worcestershire and South West Midlands since then.

How long have you been with Fisher German?

I only became a partner in Fisher German on 1 December last year, when my previous firm, Halls (Midlands) LLP, merged with them. I was one of the founding partners in 1995 of Humberts Worcester office, which subsequently became Halls in 2008.

What do you do, day to day?

I’ve got three principal strands to what I do.

I’m an RICS Registered Valuer, dealing primarily with the valuation of commercial properties, mixed use buildings, development opportunities and portfolios, mainly for loan security, company accounts, pension funds and taxation.

I act as single joint expert and expert witness in a variety of disputes.

And I act as managing agent and provide general asset management advice to a variety of property owners and advise on landlord and tenant issues such as lease renewals and rent reviews.

What do you enjoy most about your job?

The variety, the people I work with and the continuity with long-standing clients.

What are you most excited about working on in the next 12 months?

Building on the huge success we’ve had in development and strengthening the Commercial brand within Fisher German.

What is the worst job you’ve ever had?

Grading and sorting fresh animal skins in a tannery during school holidays. It paid well though, but the smell got into everything and I remember my mother not letting let me in the house until I’d stripped down to my boxers in the barn.

What are your biggest bug bears?

Arrogance, being copied unnecessarily into emails and IT when it goes wrong, being late and kids who don’t know what a dishwasher is for!

What is on your MP3 player?

The Cult, Coldplay, The Killers, John Mayer, AC/DC, Foo Fighters, The Cosmic Rough Riders . . . to name but a few.

What about your life outside work?

I’ve been married to Louise for 22 years and we live in Crowle in Worcestershire with our three children, Sam, Rosie and Flo.
I love good friends, food, drink, and anything which involves entertaining and enjoying yourself. I co-own a microbrewery called The Sociable Beer Company. We brew craft beers. Sunday is brew day and I can be found most Friday evenings behind the bar at our tap room in the centre of Worcester.

And tell us something unexpected about you?

I’m a guitarist in a band called Blank Kanvas.

Jason Clines – Partner
jason.clines@fishergerman.co.uk
 




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