Real Estate Development

What is real estate development?

Real estate development refers to acquiring land, obtaining permits, and constructing or renovating buildings to create or improve a property for sale or lease. In Florida, real estate developers play a crucial role in shaping the state’s landscape by transforming underutilized or vacant land into residential, commercial, or mixed-use properties, such as a new condominium complex.

Let’s illustrate the development of a hypothetical condominium complex in the context of real estate transactions. First, the developer acquires the land, navigates zoning and permitting processes, and oversees the construction to ensure compliance with state and local regulations, such as Florida Statutes Chapter 718. Then, once completed, the developer markets and sells the individual condominium units, often working with real estate agents, attorneys, and other professionals to facilitate transactions.

Need help with creating, structuring, or enforcing real estate transactions? Schedule your consultation today with a top real estate transactional attorney.

Which Florida laws, rules, and regulations apply to real estate development?

Numerous Florida laws, rules, and regulations govern real estate development to ensure compliance with zoning, land use, environmental, and safety standards. Key statutes include Florida Statutes Chapter 163, which addresses local government planning and land development regulation, and Chapter 380, which covers the Florida Environmental Land and Water Management Act. Additionally, developers must consider the Florida Building Code to ensure construction and safety standards compliance.

Moreover, developers must navigate various local zoning and land use regulations, which differ between municipalities and counties. These local ordinances determine permitted uses, building heights, setbacks, density, and other development parameters.

What are common issues associated with real estate development that lead to litigation?

The following issues tend to escalate transactional disputes to litigation:

Zoning disputes: Conflicts may arise when a developer’s proposed project conflicts with local zoning ordinances or land use regulations.
Breach of contract: Disputes between parties, such as developers, contractors, and investors, may result from disagreements over the terms and conditions of an agreement.
Construction defects: Litigation can ensue when a property owner or buyer alleges that the developer or contractor’s work is substandard or fails to meet agreed-upon specifications.
Environmental issues: Developers may face legal challenges if their projects violate ecological regulations or cause harm to natural resources.
Liens and foreclosure: Disputes can arise over unpaid construction liens or mortgage foreclosures affecting the development project.

When a set of facts is appropriate for legal advocacy or intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What are strategic measures to resolve issues and avoid litigation over real estate development?

Conduct thorough due diligence: Before starting a project, investigate zoning, land use, environmental, and title issues to identify potential problems and resolve them proactively.
Draft clear and comprehensive contracts: Ensure that contracts are explicit in their terms and conditions, including dispute resolution mechanisms, to minimize misunderstandings and disagreements.
Monitor compliance with regulations: Keep track of local, state, and federal regulations to ensure the development project complies with all applicable laws and permitting requirements.
Encourage open communication: Facilitate regular communication among all parties involved in the project to address concerns and avoid misunderstandings.
Utilize alternative dispute resolution methods: Employ mediation, arbitration, or negotiation to resolve disputes before they escalate to litigation.
Maintain comprehensive documentation: Maintain detailed records of all project activities, including contracts, permits, inspections, and correspondence, to support claims and defenses in case of disputes.

Please contact our office to set up your initial consultation to see what forms of legal advocacy or intervention may be available for your unique situation.

Frequently Asked Questions

What is the role of local government in Florida real estate development?

Local governments in Florida play a critical role in real estate development by regulating land use, zoning, permitting, and inspections. Therefore, developers must work closely with local authorities to ensure compliance with all applicable laws and regulations.

How can a developer secure the necessary permits for a project in Florida?

Developers should submit detailed plans and documentation to the relevant local or state agencies, demonstrating compliance with zoning, environmental, and other regulations. Timely communication with these agencies can help expedite the permitting process.

What are the consequences of non-compliance with Florida’s environmental regulations in real estate development?

Non-compliance with environmental regulations may result in fines, penalties, and delays in project completion. In severe cases, it may also lead to criminal charges or civil litigation under Florida Statutes Chapter 380.

Can a developer change the zoning classification of a property in Florida?

A developer can request a zoning change by applying to the local planning board. Approval depends on the compatibility of the proposed development with existing land use plans and the potential impact on surrounding properties.

What is the importance of title insurance in Florida real estate development transactions?

Title insurance protects developers and buyers from potential title defects or claims against the property, ensuring a clear chain of ownership. In addition, it can help avoid costly disputes and delays in project completion.

Have more questions about real estate transactions and disputes?

Crucially, this overview of real estate development does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.