Solicitors Query

[Mike_scotland]

Hi Group,

Quick question - is it normal for your solicitor to put a clause in when buying a plot that basically states you wont buy it until you have full planning in place?

This is what i have heard is normal but on certain other forums i got ripped a new one saying its wrong as land is to precious to be hanging about waiting on from the sellers point of view.

anyone had experience with buying land and it being stipulated that you get full planning in place and be 100% satisfied before your bound to buy it?

Thanks,
 

Mike

[LA3222]

Not sure if normal but I'm sure there is some mechanism by which you reach an agreement that PP is achieved before completing if the land doesn't already have it.

 

You'd be mad to gamble by paying the value of plot + pp if you don't yet know if pp can be achieved. 

 

Why should the seller benefit from the associated uplift in land value at potentially your expense should it all go wrong!

[Mike_scotland]

This particular plot has OPP but it just states a "dwelling" does say what type doesnt say size doesnt say anything and its really annoying as we like the plot just wish it had a better OPP with it haha

[PeterW]

OPP normally states more such as a “2 storey 4 bed dwelling” so have you looked at the application online ..?

 

also look at the street scene - if it’s a row of 2 bed bungalows you may be unlikely to get DPP for a 5 bed house ... 

[Ferdinand]

45 minutes ago, Mike_scotland said:

Hi Group,

Quick question - is it normal for your solicitor to put a clause in when buying a plot that basically states you wont buy it until you have full planning in place?

This is what i have heard is normal but on certain other forums i got ripped a new one saying its wrong as land is to precious to be hanging about waiting on from the sellers point of view.

anyone had experience with buying land and it being stipulated that you get full planning in place and be 100% satisfied before your bound to buy it?

Thanks,
 

Mike

 

You can set whatever conditions you like. The issue is to make sure the seller is willing to work with them.

 

You need a suitable agreement to make sure the increased value plot is not sold to a n other, and somehow to compensate 5he seller for the extra aggro you are causing them.

[newhome]

5 minutes ago, Ferdinand said:

You need a suitable agreement to make sure the increased value plot is not sold to a n other, and somehow to compensate 5he seller for the extra aggro you are causing them.

 

Surely you can get gazumped just like buying a house until you exchange contracts? In England anyway, although the OP is in Scotland so that may work in his favour. 

[Ferdinand]

4 minutes ago, newhome said:

 

Surely you can get gazumped just like buying a house until you exchange contracts? In England anyway, although the OP is in Scotland so that may work in his favour. 

 

You have a lock in agreement which gives exclusivity for a period of time, and have some mechanism for compensating the buyer .. an option agreement with an option fee attached. And some penalty should the seller welch on the deal.

 

And some agreed way of dividing the uplift in value.

 

F

Edited September 2, 2019 by Ferdinand

[newhome]

If the plot has OPP there may not be an uplift in value as much as a plot without PP anyway I guess. 

[Ferdinand]

4 minutes ago, newhome said:

If the plot has OPP there may not be an uplift in value as much as a plot without PP anyway I guess. 

 

 In theory the difference would be how much the seller has spent plus something for their losses for waiting plus something for the time saved and convenience gained in theory by the buyer plus X.

 

Minus Y.

 

?

 

F

[Mike_scotland]

This is the first time i have seen OPP that doesnt state "rougly" what you can build. (like i have seen a plot with OPP but states OPP granted for a 200m2 home or OPP granted for 3 bed bungalow)

[Ferdinand]

Could you reapply for two dwellings, and sell off a small plot?

 

?

[Mike_scotland]

it states clearly that the site should never be made into 2 seperate plots haha its half an acre would get a few on there, but i feel it wouldnt pass planning

[the_r_sole]

.

Edited September 26, 2019 by the_r_sole