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Health real estate

Specialist real estate legal advice for the NHS, private healthcare providers and life sciences companies

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Health real estate

Our experienced and approachable health real estate team deliver solution focused and effective advice to a wide range of NHS clients, private healthcare providers and GP practices. In the public sector, we act for NHS Trusts and Foundation Trusts across the country, as well as Integrated Care Boards (ICBs), commissioning support units and national bodies, like NHS England and NHS Property Services. In the private sector, our real estate expertise spans private hospitals, life sciences companies, social care providers, social enterprises and charities. The team is also well-versed in supporting Primary Care providers in managing their estates considerations for their practices.

How we can advise you

Our specialist health property legal team offer expert advice on a wide range of healthcare property matters. Clients benefit from our specialist knowledge of the internal workings of both public and private healthcare bodies whilst providing commercial advice. We have extensive experience in all issues relating to the transfer of land and buildings and the issues arising in the healthcare sector. 

We focus on:

  • delivering day-to-day NHS estates work in an efficient and cost-effective manner and build long term relationships with our clients so we understand their estates requirements; and 
  • delivering transformational health infrastructure projects using a multi-disciplinary team approach, to bring together experienced, motivated and collaborative specialists across real estate, construction, planning, procurement and other connected disciplines.

Our team advises on:

  • new leases of clinical or non-clinical facilities.
  • leasehold management, such as alteration projects, sub-lettings and assignments  
  • development projects, including the construction of new acute, community or mental health facilities.
  • the disposal of redundant facilities, including on a subject to planning basis and with the imposition of overage and clawback arrangements.
  • the creation and operation of wholly owned estates subsidiary companies.   PFI estate management, including handback, variations or alterations to project redlines.
  • MoTos, uLPAs, sessional licences and other routine NHS estates matters 
  • contractual or corporate estates joint ventures, including DBFO and PPP arrangements.
  • interpretation of HBN00-08 Estatecode, the Premises Costs Directions and other technical health estate legislation and guidance.
  • rights of light, access and other easement issues.
  • How our team will work with you

    At Hill Dickinson we combine health specific expertise with the team strength and depth of an international commercial law firm. As a result, we are able to deliver an exceptional service to clients across the NHS and independent healthcare providers.

    We can provide support to you on:

    • planning agreements and environmental issues
    • leases to and from the private and public sectors
    • construction and building contracts
    • collateral warranties
    • landlord and tenant disputes
    • acquiring and disposing of land and buildings and new developments
  • Our clients

    With our extensive experience of all aspects of healthcare property transactions we can identify and minimise the risks to you. Our clients include:

    • NHS Trusts
    • ICB’s
    • Commissioning support units
    • NHS England
    • NHS property services
    • Private healthcare providers
    • Fertility clinics
    • Private practitioners and GP practices
  • Our experience

    • Acting on the real estate elements of New Hospital Programme and Community Diagnostic Centre developments, including advising on the legal aspects of development deliverability.
    • Advising Clatterbridge Cancer Centre NHS Foundation Trust on acquiring the formerly privately-run Rutherford Cancer Centre in Liverpool, providing the trust with additional state-of-the-art capacity and the local population with earlier access to vital diagnostic services. More information here. 
    • Acting for an NHS Foundation Trust on a potential merger with a target NHS Trust which will involve the acquisition of two large hospital sites which are subject to multiple leases.
    • Acting for a national NHS body on a joint venture project to develop an integrated health and well-being facility
    • Advising an ICB on use of section 106 funding to invest in new primary care estate 
    • Acting in the disposal of surplus estate for an NHS Foundation Trust, worth £4.4m with conditionality, overage and clawback arrangements
    • Advising on the development of a £32m health and wellbeing hub for an NHS Trust in the North East
    • Acting for an ICB on a review of its local primary care estate, including advising on grant making arrangements for primary care development projects and support for GPs in exiting existing premises
    • Acting for an NHS Body on the sale of a redundant site in the South of England, including advising on complex rights to light issues
    • Acting on the £50m + development of an integrated health and care campus for an NHS Foundation Trust
    • Advising an NHS Body on complex questions of the application and interpretation of the Premises Costs Directions.
    • Acting for LivingCare on the development of a new diagnostics facility, in which LivingCare have agreed to take a 20-year Lease of the £20m Medical Diagnostic Centre, which will be used to increase the speed and accuracy of diagnostics in South Yorkshire. The diagnostics hub will include revolutionary digital imaging software and machines that will be delivered by Canon Medical Systems Limited, whilst the service is being delivered by LivingCare

    • Advising on the property and equipment elements of the new facility. This covered the provision of the equipment at the Medical Diagnostic Centre being state of the art machines including MRI and CT scanners. The documentation is intended to enable a fluid collaborative working relationship between LivingCare and Canon Medical Systems Limited, to deliver an innovative community healthcare facility

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