How to Split Land & Build

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    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

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      #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.








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