DEVASSIST: When Development Risk Becomes a Professional Liability

In recent years, the importance of development risk in residential conveyancing has moved from a fringe issue to one that is increasingly central to how advice is assessed. This shift carries significant implications, both for client protection and professional liability.

At DevAssist, we’ve witnessed firsthand how the evolving legal landscape is changing the way development risk is treated in residential transactions. A recent case underscores just how crucial this issue has become. In this case, a DevAssist report was used retrospectively as evidence of what a reasonably competent conveyancer should have identified or advised upon during the transaction.

The case in focus

In the case at hand, a buyer purchased a residential property that was significantly impacted by nearby development. While the development risk was identifiable at the time of purchase, no specialist planning or development risk assessment was recommended. The claimant’s legal team is now using the DevAssist report to argue that the risk was foreseeable and that the absence of advice constituted a breach of the expected standard of care.

This case highlights a key point: development risk is increasingly being scrutinised after the fact, and the standard of “reasonable advice” is being tested in ways that were previously not the norm.

Development risk is no longer exceptional

Our data reveals that in approximately 44% of residential transactions, one or more high-risk development sites are identified within 75 metres of the property. This means development risk is not an outlier issue, but a common one. It’s predictable, material, and can no longer be treated as peripheral to the conveyancing process.

With development risk becoming a more prevalent concern, the question for conveyancers is no longer whether to assess it, but when it should be addressed in the process.

Why development risk assessment is now essential

Standard conveyancing searches alone often fail to capture the full scale, proximity, and potential impact of nearby development. As claims and evidential standards evolve, relying solely on traditional searches without a specialist development risk assessment may no longer meet the threshold of reasonable advice.

When risks are both identifiable and foreseeable, failing to recommend further investigation could expose purchasers to material detriment and conveyancers to avoidable professional liability.

A shift in how development risk is viewed

Development risk assessment is no longer a “nice-to-have” extra in the conveyancing process – it is now a core protective step that should be taken seriously by both clients and conveyancers. Firms need to reassess how they approach development risk, especially as negligence claims involving this issue are on the rise.

At DevAssist, we are committed to helping conveyancers navigate these complex issues with confidence and clarity. Our reports and services provide the specialist insight needed to identify and assess development risk effectively, helping conveyancers meet the increasingly high standards of care expected by clients and regulators alike.

Protect your firm’s reputation

As the legal landscape continues to evolve, it’s more important than ever to ensure that your firm is proactively addressing development risks. Failing to do so not only puts clients at risk but also exposes your firm to unnecessary professional liability.

If you’d like to find out more about how DevAssist can help protect your firm’s reputation and ensure you meet the expected standard of care, get in touch with us today.

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