Tips & Advice
some useful advice:-
- Access and highway issues - Access is a particular problem area. A new access may require planning permission and this should be dealt with before a kerb is dropped. Control of the access will be essential particularly to ensure that the requirements of the local highway authority can be met in respect of sightlines (visibility splay).
- Architect - Make sure that you obtain written confirmation of your architects proposed fees at the outset. Check to ensure that the architect has professional indemnity insurance and will be able to provide the architects certificates necessary to meet the requirements of the Council of Mortgage Lenders which is essential if you require a mortgage or intend to sell. Obtain details of the insurance and a copy of the proposed certificate at the outset.
- Boundaries - It is important that you know who owns and has responsibility for maintenance of the boundary structures. Plans must also be checked carefully to ensure that the Seller owns the full extent of the property you believe you are purchasing. Discrepancies need to be identified and addressed and disputes with the seller and neighbour avoided.
- Building Guarantees - Insurance against Structural Defects - We can advise on the alternatives available including NHBC, Zurich Municipal, Premier Guarantee etc. If such a warranty is not proposed and you intend to rely on the monitoring of the building or conversion works by an Architect we will advise on this with particular regard to the future marketability of the property on resale taking in to consideration the current requirements of the Council of Mortgage Lenders which provides the established benchmark.
- Building Regulations - Make certain that all interim inspections are carried out and that you obtain a final certificate of satisfactory completion of works under Building Regulations at the end of the build. This is sometimes overlooked.
- Contracts - We can advise on the type of agreement most suitable for you and negotiate the best terms whether this is a contract or an option. You may not wish to incur the cost of an application for planning permission without being sure that the seller is committed to sell to you but that at the same time you can withdraw if a satisfactory permission cannot be obtained. This can be dealt with by way of a conditional contract. This can also apply to other matters where the same principle applies such as ground investigation. Contracts can be conditional on more than one matter. We can advise you on this and ensure that suitable conditions are incorporated into the contract.
- Covenants - These are provisions in the deeds which may restrict the use of a property or commit the owner to action and sometimes expense. We will investigate the ownership and advise you on the nature and effect of any covenants with particular reference to your proposed development.
- Easements - It is essential that your land has all easements necessary for its development including rights of access and drainage. It is also essential that you are made aware of any easements that burden the land - you will be less than pleased if only after purchasing you find out that there is a right of way through the plot that was not apparent from inspection. We will investigate this for you.
- Environmental Issues - This covers a range of issues often arising out of past usage of the property or nearby land including contamination. We will procure a commercial report and advise you on the certificate granted by our search agents. We will also make our recommendations as to any further enquiries that should be made.
- Estate Agent - Take the advice of a local estate agent of the development that you have in mind. A good agent will have knowledge of the area and will be able to advise you on suitability and demand for the type of development you are considering and of course the likely value of the finished product.
- Guarantees - Ensure that your contractors will provide written guarantees for works where guarantees are normally provided and that you obtain those guarantees on completion of the work. Keep the guarantees safe for future reference. This principle also applies to guarantees for white goods.
- Option Agreements - As an alternative to a contract you may be better suited with an option to buy a property within a determinable time period either at a fixed price or at a price to be calculated by a formula. We have experience of both Put and Call options and will protect your interests.
- Party Walls - Quite often building works will be close to a boundary with an adjoining property and the provisions of the party Wall Act 1996 have to be considered. This may involve giving a formal notice to your neighbour in the specified form. We can advise you on your rights and also your duties under this law.
- Planning Permission - If Planning Permission is required for your proposed development it is essential that you obtain a permission that meets your requirements and that can be acted upon without any issues arising that might prevent the development or cause you unforeseen cost. It is particularly important that you read any conditions carefully and are fully satisfied that you can meet those conditions again without incurring unforeseen costs. We can advise you on planning conditions and give support in relation to both new applications and also appeals against refusals.
- Planning Obligations - The Local Planning Authority may ask you to enter into a planning obligation or undertaking before it will grant a planning permission to you - we can advise you on this and approve the form of the Planning Agreement on your behalf. The terms may have to be negotiated.
- Public Rights Of Way- It is obviously essential that you are made aware of the existence of any public rights of way through the property including footpaths and bridleways. We can ascertain the position for you in that respect by enquiry of the local authority and also advise you of any issues arising out of the alleged route of the right by reference to the defined plan - it is essential to check whether the route on the ground is in the same position as shown on the plan
- Ransom Strips - Horror stories are told where a Buyer is subsequently held to ransom over an area of land essential to the development which was not identified as falling outside of the terms of the sale. Unfortunately this type of discrepancy may be overlooked by an inexperienced conveyancer.
- Searches - Many conveyancers keep their apparent costs down by neglecting to recommend all relevant searches on property transactions. This is a false economy particularly where land is being purchased for development and in fact additional searches may often be recommended. We will advise you of all searches that can be procured so that you can ensure that you have as much information available to you as is possible and advise you of the outcome of those searches. Copies are provided where relevant.
- Title - We will advise you on the present marketability of the ownership and also the future marketability of the title to the property after development having regard to all provisions affecting the property and the quality of title whether Freehold, Leasehold, Good Leasehold or Possessory. We can arrange title indemnity insurance in respect of defects in the title to the property quickly and at competitive prices.
- Tree Preservation Orders- Existing trees may interfere with your proposed development. We can ascertain whether trees are protected and advise you on the consequences.
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