edsr

Thanks everyone, some great advice! Based on this, and some other info that’s come to light, I think them offering to buy the land subject to planning, with an overage clause written into the purchase will be the cleanest mechanism, better for cash flow and minimises risk to both parties. The drainage/topographic survey is another good shout for due diligence checks as well as potentially a highways survey (although the road is pretty quiet the entrance would be near a junction and is on a hill).

Thanks everyone, that was quick. I’ve changed the headline as it was a bit misleading! That’s a great shout @epsilonGreedy on the overage idea. Did wonder if making the planning costs taxable losses from any profit would be worthwhile though.

My in laws are planning to do a self build in their garden. Their neighbour owns the corner plot and has existing access from the road to the end of their garden. The plan is to shorten both gardens and get planning for a bungalow, perhaps build it, or perhaps just sell the land. I’m expecting that the neighbour will be a silent partner. They have no experience and are not in the best of health. My in laws have done similar projects in the past, and although they’ve done a conversion before, this will be their first new build, complicated by them only owning half the land. I was thinking a limited company, with neighbour as a silent partner would be best for this but wasn’t sure whether it would be over complicating things?

Wow, thanks all - this gathered pace! Thanks to the advice from earlier posts I spent much of the weekend searching local records and have established that the council owns the land. It had always been a possibility so could have been quicker to just call them, but much less interesting as I’ve learned a lot about the local history as a result. There is no planning in place. Pre app says ‘potential’. We can use another access but there is potential future benefit to being able to subdivide the area adjacent to the unregistered land as a separate plot with its own access. Next question: are there any tips for engaging with the council to buy the land? Presumably better to get a price before purchasing the adjacent land and putting in for planning?

Thanks for the insight here and a very helpful response. The first assumption is correct BTW but the second (about access itself being across unregistered land is not). Ill see see if I can find a company to trace the owner and go from there I think. The other suggestion about assumed ownership is a great idea too.

Hi All, If we put in some access (private driveway) to a road that required visibility splays across some unregistered land, what would be the best way forward? Presumably some form of insurance would be an option? Also wondered if there was any way to acquire the land. It’s just scrub at the moment. Any help very much appreciated. Thanks

Thanks everyone. Some great advice here. Separate dwellings is a good suggestion and there’s been other negotiation around the trigger. This has been reviewed by the solicitors, who also advised us that overage is one of the most litigated areas at the moment and you can see why. The above tends to mirror our stance with this so it’s good to have some others with experience ratify this. Very much appreciated.

Hi All, Hoping someone can help here.... We're buying some land to subdivide and sell as either self build plots with planning, or develop as houses ourselves. There's a 50% overage agreed on it and we're finalising the contract. The vendor wants overage to apply for 50 years, to all subsequent owners. I understand why - we could sell it to a 'friend', or sell as massively oversized plots that are later subdivided. But that also means if we develop the site to the maximum permitted density, any future owners who apply for planning to build an extension have to pay the current owners 50% of the uplift in value. And that'll hurt our resale values. My question: Is anyone aware of a suitable mechanism or wording that doesn't hurt the resale values of the plots, yet protects the current owner from us deliberately selling over-sized plots with a view to future subdivision, selling to a 'friend' etc? Suggestions appreciated. Thanks, Ed

Thanks Ferdinand, I did a lot of research into this back at pre-app stage but we’ve just appointed some planning consultants that come recommended from several different contacts and due to the overages, these costs aren’t entirely bourne by us (at least that’s one way of looking at it!)

That’s a good shout. I believe there is government funding available in the form of low interest loans to get the land turned into ‘shovel ready’ plots which is something we have discussed.

Yeah Ltd with shares and a shareholder agreement. That’s a biggie. And our view of planning, due to location of site, it’s not a question of ‘if’ but ‘when’ - we are taking a long term view on this site.

I think you should be OK. I know you can also get a clear weather treatment that makes the bricks less/impermeable and the water beads and runs off (if it becomes a problem). We have an area of block paving that's more or less *at* DPC level (don't ask), and it's working fine. Provided you can achieve a reasonable fall away from the house, (so it doesn't pond) the splashing issue will be minimised. As others have suggested a drain around the immediate edge will essentially give you another 'brick' of depth and prevent any splashing right against the house. Hope this is useful.

Hi All, New to this forum, and although I have some experience across the construction industry it's not currently my main job and am embarking on purchase of around 1.5acres on the edge of town. This started as a pipe dream to convert a covered concrete structure into a subterranean house for my family, but having been unable to find the funds and not wanting to give up, I formed a consortium and we are in the process of buying the land with a view to developing it in stages (and then possibly realising the dream). Getting from this stage, to shovel-ready plots is something I have never done before, so it should be interesting: - Awkward levels - Overages to current owner - Easements crossing the site - HV Cables crossing the site - Footpath dissecting the site(s), with old and unclear covenants for access) - No planning, but pre-app says 'potential' Look forward to your comments as things progress! Thanks in advance, Ed