How to Split Land & Build

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    How to Split Land & Build

    Hi, I am pretty new into the property world. This is my first post and am looking forward to using this website in the future and talking to others and helping where I can.

    I am looking for some advise about a property myself and my sister have recently inherited from a relative. I am in the process of purchasing my sisters half with my fiancée to keep the property. It is in need of extensive work (full re-wire, plumbing, kitchen bathroom... literally everything) to get it into a rentable condition. We was approved a buy-to-let mortgage for the amount to pay my sister and cover these works but as it was not in a rentable condition they would not complete the mortgage. We now have a bridging loan and builder about to start the works on the property. Plan is to renovate, get a fresh mortgage with extra to do loft conversion also.

    This brings me to my main point of the story... I have attached a picture so, red is the property inherited/ purchased, yellow is where 2 flats have been built behind row of shops, green is where 2 more flats have passed planning but not yet being build behind shops & blue is where a brick structure has been build with skylights but does not look like a separate property. My (hopeful) plan is to split the garden as it is very long and to build maybe a 1 bed bungalow at the rear on the (service) road behind.

    So my questions to anyone with experience are...

    1. Do you believe with works carried out and being carried out nearby that this would be possible to get through planning? There is a demand for property in the area

    2. How do I go about this? Draw up plans with architecture, submit planning then split deed when approved? Or is there another order I should be doing this in?

    3. Who should I be contacting to deal with such a situation, just a Solicitor? Anyone else?

    I've tried looking this up for a week or so now, I have found similar situations with no real answers and none the same as this. Any other advise on anything I haven't thought of would be much appreciated.

    Cheers.

    #2
    Start by applying for planning permission ..... you don’t even have to own property or land to do this

    Comment


      #3
      So my questions to anyone with experience are...

      1. Do you believe with works carried out and being carried out nearby that this would be possible to get through planning? There is a demand for property in the area

      2. How do I go about this? Draw up plans with architecture, submit planning then split deed when approved? Or is there another order I should be doing this in?

      3. Who should I be contacting to deal with such a situation, just a Solicitor? Anyone else?
      Answer 1.
      Read the Local Plan policies of your Local Planning Authority (LPA) to see what requirements there are for amenity space and parking provision for any new dwellings and whether there are minimum room sizes required in your area.
      In London there definitely are, so other LPA's may also have adopted similar standards.

      Answer 2.
      You may own the property with a long back garden, but do you have a legal right to use the service road behind your land to access your land.

      Even if you successfully applied for planning permission to erect a bungalow in the back garden, that will not allow use of someone else's land to access the plot, because planning law and property law will be in conflict.

      First thing to do is establish whether a legal right of way exists, or whether one can be purchased.
      It is established that using someone else's land to access a plot granted planning permission can cost as much as one third of the value of the building plot.
      This is known as the Stokes v Cambridge rule after a court case concerning compulsory purchase of a very small area of land which was the only right of way available to access land granted planning permission by Cambridge City Council for residential development on its own land.

      Answer 3.
      Once it is established that there is access to the plot, a planning consultant, an architect or an architectural technician would be able to advise on what sort of development would comply with local plan policies. There is a price differential as to who will provide the services you will require, so get quotes for plans before choosing a suitable agent to act for you when making a planning application.

      Should you wish for some informal advice from a retired director of a planning consultancy company you can send a personal message.








      Comment

      Latest Activity

      Collapse

      • Reply to Threatened enforcement proceeding
        by Out of my depth
        Thanks for your response. Does it make any difference that the completion cert was issued in 2016? We are still on contact with the New owners so If the LA insist it is done, we will probably contact the owners and admit our mistake and explain that we will undertake the work. It has to be brick built....
        13-05-2021, 00:17 AM
      • Threatened enforcement proceeding
        by Out of my depth
        We built a house, conditions were signed off and completion certificate issued. Now local authority say that we breached planning as we did not build a bin store. This was one of the conditions but we did not realise that it was supposed to be built first. House was sold over 2 years ago. What can...
        12-05-2021, 18:49 PM
      • Reply to Threatened enforcement proceeding
        by pilman
        If you no longer own the house an enforcement notice will be served on the current owners.

        if you have a guilty conscience about not erecting a bin store, you can always buy a plastic bin store and gift it to the current owners of the house, although that may depend on what was shown on...
        13-05-2021, 00:05 AM
      • Refused change of use and planning
        by John_faz
        About planning refusal for change of use.
        hi pilmen can you help me
        Back in 2014 I purchased some land adjacent to my property. This land has always been maintained by council although they didn’t own it. 2 years ago they informed me I was now responsible for maintenance of land. Last...
        06-05-2021, 20:05 PM
      • Reply to Refused change of use and planning
        by pilman
        You may want to ask the council what legal right it has to tell you to maintain privately owned land that has trees growing on it.

        Unless there is Tree Protection Order on any of the trees, I cannot think what legislation would give a local council any power to insist that you maintain...
        13-05-2021, 00:00 AM
      • Change to use
        by Ardi
        I am landlord in one house with some one.We want to apply to change use from House to day nursery.
        what application is this,because i didn’t find it.
        thank you
        11-05-2021, 23:14 PM
      • Reply to Change to use
        by pilman
        It will be a full application for a change of use from Use Class C3 Dwellinghouse to a use Class E (f) Creche, day nursery or day centre (not including a residential use))
        The Application Fee required is £462.
        12-05-2021, 23:48 PM
      • Reply to Refused change of use and planning
        by John_faz
        The council informed me in writing I would need to maintain land and trees were my responsibility....
        11-05-2021, 19:36 PM
      • Reply to Refused change of use and planning
        by Claymore
        I've just looked at the planning refusal letter. What cheeky rat bags.

        They admit the land is yours but say you can't erect fence or garage because its a loss of open space. Yet their own words confirm you are the landowner - its your space!

        Personally, I would put up a small...
        11-05-2021, 19:34 PM
      Working...
      X