Expert legal support for property finance transactions in Jersey

Securing the right funding is often critical to the success of any commercial property transaction or development project. Whether you are a borrower raising capital or a lender investing in Jersey real estate, your legal documentation must be carefully structured, properly executed, and fully enforceable under Jersey law.

Our Expertise

At BCR, our team of experts advise banks, private lenders, developers, investors, and corporate borrowers on all legal aspects of commercial property financing and security in Jersey. From the initial term sheet to the final charge registration, our team provides strategic, practical support that aligns with the structure and commercial realities of each deal.

Our Approach

We work seamlessly with colleagues across real estate, corporate, and tax, including specialists at BCR Professional Services Limited, to deliver fully integrated advice.

We advise a broad range of clients on financing and security matters, including:

• Developers seeking construction or development finance.
• Buyers acquiring property with third-party funding.
• Lenders offering secured loans over Jersey property.
• Landowners securing funding against their real estate.
• Corporate groups refinancing property portfolios.
• Family offices, trustees, and private equity lenders.

Our work includes both one-off transactions and long-term financing relationships and we advise on the following:

Development Finance

We assist developers and lenders in negotiating and documenting funding for construction or redevelopment projects. This includes:

• Reviewing and advising on facility agreements.
• Drafting security documentation, including:
  
  • Legal charges over land and leasehold interests.
  • Debentures.
  • Assignments of contracts, rents, or insurances.
  • Guarantees and indemnities.
• Advising on drawdown conditions, milestones, and retentions.
• Liaising with quantity surveyors, project managers, and lenders' monitoring surveyors.
• Coordinating with the planning and construction teams to ensure legal alignment.

We ensure funding documentation integrates smoothly with construction contracts, lease pre-lets, and joint venture arrangements.

Acquisition Finance

When acquiring commercial property, investors often require loan funding. We advise on:

• Loan documentation and negotiation.
• Title due diligence and lender reliance reports.
• Property warranties and certificates of title.
• Stamp duty implications.
• Lease compliance (e.g. consents to charge).
• Coordination with offshore or UK legal teams.

We act quickly and commercially, ensuring finance does not delay the acquisition timetable.

Loan and Facility Agreements

We review and negotiate loan documentation on behalf of both borrowers and lenders, including:

• Bilateral and syndicated loan agreements.
• Bridge finance and mezzanine arrangements.
• Intercreditor and subordination agreements.
• Revolving credit facilities and overdrafts.
• Pre-sales and forward funding arrangements.

Our lawyers are familiar with Loan Market Association style documentation, as well as bespoke private lending instruments, ensuring that terms reflect the parties’ risk appetite and commercial objectives.

Security Documentation and Registration

We draft, review, and perfect security over Jersey assets, including:

• Land and buildings.
• Leasehold interests.
• Shareholdings in Jersey companies.
• Rent and income streams.
• Bank accounts and contract rights.

We handle the registration of security interests under the Security Interests (Jersey) Law 2012, ensuring:

• Priority is secured.
• Perfection requirements are met.
• Correct filings are made with the Jersey Security Interests Register (SIR).

We also advise on security releases, amendments, and enforcement where required.

Capacity and Enforceability Opinions

Lenders often require legal opinions on Jersey companies, trusts, or borrower capacity. We provide:

• Legal opinions confirming authority and enforceability.
• Corporate reviews for special purpose vehicles, joint ventures, and nominee structures.
• Advice on trust law implications (e.g. borrowing by trustees).
• Certificate of incorporation, board resolutions, and constitutional compliance.

These are particularly important in cross-border financings or where Jersey vehicles are used within wider fund or investment structures.

Working with Lenders

We act for high street banks, private banks, private equity lenders, and overseas institutions. Our lender services include:

• Drafting and reviewing standard form loan documents.
• Conducting title due diligence and issuing certificates of title.
• Reviewing leases, construction contracts, and corporate structures.
• Advising on enforceability and exit strategy.
• Liaising with borrower counsel and professional teams.

We are known for providing responsive, technically sound advice that enables transactions to proceed on schedule with full risk awareness.

Working with Borrowers

We represent borrowers at every stage of the funding journey, from negotiation to repayment. Our borrower services include:

• Reviewing loan and security documentation.
• Explaining obligations and covenants in plain English.
• Negotiating commercially workable terms.
• Managing lender consent processes (e.g. for leases, sales, or refinancing).
• Advising on default, variation, or enforcement situations.

We ensure that borrowing clients fully understand their legal position and are protected against future disputes.

Our Values in Action

Excellence: In the quality and clarity of our drafting, review, and technical advice.

‍Delivery: Prompt, proactive engagement to meet funding deadlines and client expectations.

‍Respect: For your commercial strategy, internal governance, and external relationships.

‍Elegance: In negotiation, documentation, and coordination with third parties.

Why BCR Law

Our team provide expert legal support for every stage of your Jersey property finance transaction, delivered with clarity, speed, and commercial insight. We align legal precision with your strategic goals, ensuring your funding is secure, enforceable, and tailored to your deal’s realities.