Search the Community

Hi, We have recently moved into a property and are looking to utilise all the garden space. Currently the garden is separated by a 2m wall which we want to knock down and extend the garden into the unused space in Picture A and Picture B (yellow line depicts where the 2m wall is currently). We originally wanted to place fencing behind the small wall but pre planning advice has let us know that it will be rejected as it "will negatively impact the character and appearance of the local area". We have attached the Pre Planning Advice Response for reference. So our second thought was to knock the small wall down and erect 1m high rail fencing and plant some 2m high hedging as we know that doing both of these, should not require planning permission. However we have been advised that this will also require planning permission to change the use of the land from from private open space to private garden land. In our Deeds (Picture C) or on our Title Plan (Picture D) it does not show a separation the the two area. We then asked the council to provide where they have acquired this information from and they sent us through an image of the original landscaping plan with a clear divide (Picture E) with this email; "I have attached an extract from the landscaping plan as part of the original planning application which informed my assessment. The plan shows the dwarf wall, the planting location to the rear and then the location of your boundary fence to your garden. Similarly, the planning layouts also show a clear division between the rear garden of the properties and the current wall position. It is for this reason that I concluded that this land is used as strategic landscaping / amenity land. Your proposal would materially change the use of the land from amenity space to garden land and therefore a change of use planning application would be required." No one maintains the area, and it is full of weeds and litter. We believe it is our responsibility to maintain it but we have no access to the area and we would not benefit from putting any effort in, as we do not use or see the space. We now don't know what to do, where to start, or whether it will be futile trying to get the change of use in the first place. TIA. Pre Planning Advice Response Letter.pdf Pre Planning Advice Response Report.pdf

Hello! I don’t know whether anyone would be able to help - I cannot find any information anywhere! We live in the South Downs National Park and our house has about an acre of ‘amenity land’. I’ve been told we’re not allowed to remove the fence separating it from our garden, or to turn it into ‘garden curtilage’. BUT I can’t find anything that formally states what you can and can’t do. I’d really like to put a play area on it for our kids but have no idea whether this would be acceptable? VERY grateful for any advice, thanks! Ben

Hello all, I am just starting my journey to a self build. I have been lucky enough to be gifted some land to build on. I am doing a lot of reading up to learn as much as I can before we start the whole journey. I am going to speak to a solicitor aswell, but just wanted to get as much advice as possible from you. A few questions I have are; 1) to mortgage against the new build does the land have to be changed on the land registry first? 2) is there any tax I will be liable for? We will be living in the main property throughout the build and are planning to live in the property when built. 3) is there anyway to be in contact with the council reference planning prior to the application? 4) Has anyone got any advice from there experience that they can pass on. Thank you for any help and advice you offer.

Hello! We’ve always wanted to buy land and build our own home. For one reason or another we’ve never had the courage or the finances to do it. Now we find ourselves with two teenagers and a tween and wonder where the years have gone. Anyway, an opportunity has arisen to buy some land close to our own home (less upheaval and resistance from teenagers) but my gut feeling is that it is completely overpriced. I trawled through every plot of land for sale in Scotland last night and still feel that it is overpriced. Does anyone know how plots are priced up? I have a few points I can go back to the estate agent with tomorrow but I’d like a bit more, I’m assuming there’s a kind of formula like pricing up actual property?? If anyone has any insight I’d love to hear. Thanks, L.

Hi There is a strip of land that runs along the rear of the properties in the street we live. The land was originally bought by the housing estate builder when the estate went up. I believe the land was set aside as a natural area between two phases of the estate and along the public footpath that runs between them. The land used to get strimmed for a couple of years after we moved in, then this stopped, presumably due to inaccessibility. Without our using or maintain the land, we would have had huge tees over hanging our garden by now. For over 10 years we have been using the part of the land to the rear of our property for various activities garden related. The are is about 10m wide x 4m deep. Then a further 3m is a public footpath running down the 10m length. The land has a lot of trees, some up to 25ft. It can also get very overgrown with weeds. The public footpath is not very visible from the land as there are a lot of branches blocking the view both in and out. We have been using the land for BBQs, fire pits, storage and log store for over 10 years. About 5 years ago I put a shed on the land, with access from our garden. The front of the shed is plane with our garden fence, so it's sticks out into the land. The shed can barely be seen from the footpath. I have always opposed putting a fence around it, despite suggestions from other neighbours. I don't intent to put anything else on the land. I have tried to find out who owns the land in an attempt to buy it. But the builder went bust so I have never made any progress. Unfortunately, the council has received a complaint that some residents (there are others who have cut trees down) are taking over the land. The council has contacted me and claims a change of use of land has taken place. They don't seem concerned about the neighbours cutting down trees or maintain the land. They have advised me to apply for planning permission under the 10 year rule or a lawful development certificate. Both at a cost of £462! Can someone confirm whether the 4 year rule applies to anything in my situation? I am also aware of adverse possession. Am I right in saying they are different. AP deals with ownership of the land, whereas change of use is planning. I have not fenced it off over the 10 years so don't think I have a claim on that. However, even if I did, I would still need planning permission for a change of use, is this correct? So my situation is purely planning and getting that approved, whether I own the land or not? I can't prove that I have been using the land as garden for over 10 years as I have no photos, documents or anything. There is a photo of the kids in the log store from about 9 years ago. The best I can manage are the neighbours signing an aphidavit to say I have used it as a garden for over 10 years. My Preffered option would be a LDC, but I don't want to spend £462 with no hope of getting approval. What are my chances with the limited evidence and my circumstances, am I wasting my money? What else could I do to improve my chances? Thanks Simon

Hello Folks, So we are about to start the mortgage application process in the next couple of weeks. Bit worried about this part given it is the most important aspect of the whole project but we have been told we 'should' be able to lend what we need...fingers crossed everything goes to plan! In regards to the application the lender will carry out a valuation on the land (we already own). I wanted to ask if there was any advice in regards to the condition of the land to get a fair valuation. For example should we be clearing the land in question before the valuation? We have some building materials lying in corners (pallets, slabs, bricks etc) - would this effect the valuation? We also have some neighbouring trees running down one side of the plot (owned by the neighbour), should we be cutting back the overhang? I am probably being too picky but I really want to avoid anything which would compromise the valuation! Thanks!

Does anyone have any experience of grabbing a small piece of land that nobody owns and which abuts your own land? I am familiar with the legal principles of adverse possession, I am more interested in the period before, when the grabbing actually occurs.

I secured some land and it has 4 plots on it am looking for one ,two or three people to get involved as a plot share the plot lot is in Leigh greater Manchester

So, it's back to the 1950s / 60s is it? Mac, bless him (reminded me of a puffin for some reason) got on with the job like the gritty leader he was There are some lessons in this for the modern day. Macmillan showed that the ruthless application of political will, along with businessmen employed as fixers, could achieve a surprising amount. He had no qualms about arranging for the building of vast numbers of council houses: Labour was to some extent beaten with its own weapons. (Conservative Home accessed 04/10/2017) Ah well, that's the end of Building Control then. Remember how long it took to rip those dreadfully built houses down? Not long. If you are a BCO, you might as well get another job.

Hi All, I’m currently looking to get land (Garden) from my friend from his current property and am aware I need to get a Solicitor involved to help with the transfer/split of land. This will result in a new registration to Land registry. To confirm, I imagine a Solicitor isn’t capable of creating the Land Registry compliant plan, so I will need to involve a Boundary Surveyor to draw up the title plan and boundaries, including any rights of way? Many thanks,

Hi All, I’m currently looking to have some land (garden) gifted to me by my father from his current primary residence. I’ve been advised there are some tax considerations especially as i’m deciding whether to complete the transfer of land before or after I obtain planning permission for it. I am looking to get professional tax advice but wanted to get opinions before-hand. The three taxes i’m aware of are: Capital Gains Tax – I imagine this applies because the land is no longer part of the primary residence once it is split and gifted. However my father is retired, so I’m not sure what % bracket for CGT he will fall in. Inheritance Tax – Shouldn’t apply to me if my father survives more than seven years after the gift Stamp Duty – shouldn’t apply to me as house is free from mortgage Questions: Would my father have to pay CGT based on the information above? If we eligible for gift relief and I want to sell the new-build property, will I pay CGT even if it has then become my primary residence? The CGT on the gain (once I build a house) will be enormous as the land with a property on it will value considerably more. If I transfer the land pre-planning (lower value = less CGT), then find out I can’t get planning permission and want to transfer the land back, are there any tax implications to me/father? The land in theory goes back into his primary residence. How does HMRC view ‘value’ of land and the gain? i.e. originally my father paid 80k for the whole property but the gifted land is only the garden portion of the property and may be worth around the 50-90k now on its own. HMRC requires valuation from a professional surveyor only? When dealing with the splitting and transfer of land, should a solicitor deal with HMRC for tax? Or will this need to be a separate process my father and I will need to do ourselves? Many thanks for any help you provide!

Hi All, I'm currently looking to buy a friend's plot (land next to his property) and have been checking with the service providers if there is anything under the plot, however this seems to be tricky. It seems to be mixed with free services or paid for searches. I have obtained a free map from National Grid, Affitnity Water which shows the gas and water apparatus in my area and also a report from the linesearchbeforeudig website. However these generally only show mains pipes on the road and not on the plot of land itself. Thames water have also confirmed there are no assets of theirs in the plot area. As i'm trying to be prudent, I know I can either: 1) hire a solicitor to carry out searches which can range up to £600 for a full utilities search. 2) hire a surveyor to carry out a full Underground utilities survey using Ground Penetrating Radar which can range around £1000 Does anyone have any advice on the best way to obtain services information before starting the design process? Did you carry out utilities survey (or anything else?) before investing money into an architect and planning fees? My main aim is to find any potential risks as early as possible. Many thanks for your help.

Here it is: as accurate as I can get it. No pretense of getting it done cheaper than anyone else. Just the raw numbers and a few words to explain context if necessary (why did I buy a chain-hoist for example). Yes, you'll probably get it cheaper. That's excellent. The point is openness and telling it like it is. March 2014 Home Building and Renovation Show NEC: £100, including fuel and tickets Phone calls about £15:00 extra, and about £70:00 fuel. July 2014 Land: already owned Planner: £1050, plus £70 initial consultation fee, (in cash). LPA Outline Planning Application fee £770 Phone calls: about £15:00 extra, and about £50:00 fuel. August 2014 Ecologist: £1390.15 (works out at about £1 per Great Crested Newt – a further £2000 budgeted for. But see below June 2016) November 2014 Topographical Survey: £540 January 2015 Trips to Timber frame companies and various local suppliers : £50 fuel Subscriptions to various magazines: £70(ish) February 2015 Architect: £4000 (design plus all other matters up to and including submission for Full PP application) QS: £630 – feasibility study Legal: £360; altering title LPA fees: £385 Structural Engineer: £1782; foundations calculations Land registry Fee: £40 Contamination Desk Study and Geophysics : £1260 (plus possible indeterminate decontamination costs) Phone calls: about £20:00 extra, and very little fuel. March 2015 Discharge of Conditions Fee £97.00 Health and Safety Services are being handled for free by a colleague: I’m coding his website in exchange. Notice: no site insurance yet……. :huh: I’m just too mean. Projected cost £568.65 (May 2015) August 2015 Architects fees £2000; from award of Outline PP to Full PP (6th of August) and £40 for bottle of champagne to thank our him: his judgement in relation to what would pass was exactly right. Read paragraph 9 of the Delegated Report (here) Trip to Swindon to visit the NSBRC Fuel £36, overnight stay £85 Strimmer: Polycut head, and set of knives for strimmer £46.60. (No lawn for Salamander Cottage: at last, no mowing…… bliss) September 2015 Legal Fees; alteration to title status £232 October Purchase a four wheel trailer (new) £2500 Purchase a Mutts Nuts (Nick’s term, not mine) Bosch Laser Level £250 First Aid Course (ref. H+S policy) £80 Chainsaw Course £130 December Off mains drainage legal agreement Legal fees and £1000 for access to the land to discharge to stream (wayleave?): £1862 (£300 over budget) Cladding Preparation for processing the wood; Serious Stihl saw (660) and ancillary equipment £2000 (resale value £1000) Trips to open passivhauses £50 + Off – road parking (ground matz) £2800 (resale value £2500) January 2016 SPONS Architects and Builders’ Price Guide 2016. Can’t do without it. And there’s an App that goes with it. £150 Small shipping container (for tools) £300 (resale value £400) Base for container: 4 tons of 20 mm to dust from my mate: £35, yep £35 New wheelbarrow £97 (French made Hammerlin: two flat tyres (in 2 weeks) and a stupidly forward C of G so the damn thing tips forward ON ITS OWN... sodding thing) Local Oak trees (for the shakes and cladding) £1200 (1 square meter of oak shakes retails for £100!) T.K Knipe Allithwaite. £100s of pounds worth of free advice. 1 Sweet Chestnut tree (high tannin content) £140 5 local oak trees £100 (they were going to be cut up for fire wood - I kid you not) Another container (you can't have too many): £1000 (resale value £1000) February 2016 Small hand tools and boys toys £1500 May 2016 2.5 tonne Mini Digger = £14,000 (PV Dobsons, Levens) EPS Licence £1200 (I still haven't paid the bill - because of some really unprofessional behaviour.) Red Diesel £15 120 meters of Temporary Amphibian Fencing (TAF), 80 stakes (37 by 37 by 700) £267.37 Lifting gear: a 2 tonne chain block and tackle 2 shackles, and two beam clamps £181.03 (to run on the RSJs below) 2 RSJs, (6 meters long to span between the two containers) £230 +VAT Filing frame to assist sharpening my chainsaw chains £97 Site signage (ebay) £10 for several (more needed) Plastic Barrier Fencing Safety Mesh Fence Netting Net With Metal Pins £50.95 (for the edge of the car park and pedestrian walkway) Three stillage cages to store material on the site (one cage fitted inside the container) £50 Another two stillage cages today. £25 And £80 worth of 2 inch wire mesh so I can weld it to the stillage cages: slows light fingers down Two (full-on-big-boys) deck brooms £24 A grease gun for my digger and two cartridges of grease £22 Another High Security Digital padlock and hardened, sheathed, hardened chain to secure the buckets (that aren't hooked up) for my digger £55 A 2 Tonne x 1.5 meter Leverhoist £79.95 2 off 2 tonne Beam Clamps £25.98 4 off 2 Ton Alloy Bow Shackles, with Safety Pins £11.96 The above is initially for lifting trees and heavy objects safely off the trailer (on my own) Later the hoist and clamps will do the same job, but in a small purpose-built workshop. 100 meters of 16 amp electricity cable. £71.89 Building Control Fees £600 Red Diesel £18.21 June 2016 Two more stillage cages £25 A Douglas Fir tree and a Larch tree. £40 (Fir tree £10) Will produce stock worth about double that (conservative estimate) 20 8" coach screws £4. 4 sheets of reinforcing mesh £20 (16 by 8 foot for welding to the stillage cages to slow down thieves ) Structural Engineer £1774. And worth every penny (so far) First Aid Kit (10 person HSE Approved) £7.57 (tried getting one locally, couldn't get one for love nor money) Security marker pens £1.99 (a requirement of the Site Insurance: all scaffolding poles must be security marked - not the digger or the saws!) "Curiouser and curiouser" Wood for lining my container £81 HERAS panels, feet, clips, struts, pins for the struts £200 Some steel stock to practise welding £12 (making a small tool table for my SuperJaws clamp: cost on the open market £30) Four Point Lifting Chains ('shorten-able') £139. Fed up of worrying about the webbing strops - they are quite worn already Site H+S sign. £24 ( and I begrudge every penny: it's expensive wallpaper... why do I say that - read on - last but one point) 2 tins of Hammerite for the rust spots on the container. £28 The ecologist had the good grace to halve his bill given the less than prompt approach to fulfilling his contract. £900 July Builder's Merchant bill: £704 - bits and bobs, sand 25mm water pipe and stuff like that August Builder's Merchant bill: < £100 all sorts of tiny things September Builder's Merchants bill £1379.24, Ply wood for the stillage and to make some internal storage in the container, a DeWalt nailer (luxury beyond compare) It starts to get serious now........... Piling will be about £6000, Groundwork price yet to come in, site clearance - I've hired a lumberjack who's coming from Canada - muscles coming out of his ears - off mains drainage and site drainage.... Off to Harrogate next week. (4th of November)