Brian Macfarlane

Brian is a partner in our Commercial Real Estate team specialising in residential development.

Brian has acted for some of the UK's leading residential developers for more than fifteen years. He specialises in real estate property development and particularly in housebuilding.

He and the dedicated Housebuilding team at Morton Fraser provide a full service for residential developers in all aspects for their developments- including short term acquisitions/conditional contracts, long term Option Agreements and Promotion Agreements, Planning and Construction advice, site assembly/site set up and plot sales.

Brian regularly acts for a variety of housebuilders and promoters including some of the largest developers in the UK, SME's, affordable housing providers and smaller developers carrying out their first developments. He also deals with developers' funders and major UK lenders to ensure that any legal issues that may present problems are identified and resolved early.

His experience of the residential development market means that he can quickly identify important issues and risks, find pragmatic solutions and get contracts concluded and sites purchased promptly and efficiently.

Membership & Awards
Law Society of Scotland

Real Estate Expertise

Brian acts for residential developers all day, every day. This includes plc housebuilders, SMEs and smaller developers. He specialises in all aspects of residential development work, including site acquisitions and sales (including overage and clawback agreements), collaboration agreements, development agreements and site assembly. He also has considerable experience with strategic land acquisitions and sales, regularly dealing with option agreements and promotion agreements. 

He is involved in residential development sites of all sizes- from sites with planning permission for more than 3,000 dwellinghouses to sites with less than 10 houses or flats.

He also acts for a number of landowners both large and small (including estates, farmers, insolvency practitioners and golf clubs) who own areas that are developable for residential development or have prospects to be developed in the future.

Public Sector Expertise

He also acts for providers of Affordable Housing (including registered social landlords) in relation to the acquisition and development (and redevelopment/regeneration) of residential development sites for affordable/social housing and also in respect of the acquisition and sale of existing houses to be used for rent (including mid-market rent).