A-Z of Self Build Guides Finding A Plot Of Land For Sale

Date Published:

03/06/2008

From the outset, instructing a reputable surveyor to assess the land is vital. They can advise on all aspects of the site, from evaluating the potential to discussing any concerns you may have. A good independent solicitor will check the paperwork, and make all the necessary enquiries with the local authority for you.

Any solicitor worth their salt will help you ensure the plot you favour is completely suitable for your eventual development plans. This can involve much more than reading the contract. They should carry out a local authority search on the land, which along with finding out about any planning permissions on the property - which we will come to shortly - it also covers practicalities such as whether the road serving the property should be maintained by the council, and other issues.

Once any sale is complete, the solicitor will also protect your outlay by making sure the new ownership is fully registered at the Land Registry. But, before we jump ahead to the final step, let’s examine any initial concerns.

Can you Build on it?

Are you buying a plot of land which has no existing planning permission? Or does the site have outline planning permission (OPP) attached to it? Perhaps it has detailed planning permission (DPP) - sometimes known as full planning permission?

Land sold with an existing OPP basically allows a new building to be constructed, but the type of property is yet to be approved. This includes the size of the property, the design and layout, the orientation, all access and landscaping, and even materials used in the process. These are all contained in what is known as a reserved matters application and this follows after the OPP has been received. Once the OPP has been granted, it is valid for up to five years, but the buyer has three years during which they must submit the reserved matters application, otherwise the entire process begins again. However it is possible to just proceed with a DPP application. Building must commence within two years.

The OPP and the approved reserved matters application together equal DPP. If the plot has both OPP and reserved matters consent, it's vital to check the wording of the approval. This includes any conditions attached which may restrict the design, extent of development and construction of the new dwelling. Particularly important are the legalities concerning rights of neighbouring land and property owners are involved; any existing rights of way; the ability to connect to services outside the plot, and the design restrictions, which may prevent you from building your dream dwelling.

An OPP approval only refers to the site and not to the person seeking it. Bear in mind that approval could exist without certain important issues being resolved. Some local authorities will request additional information, for example they may enquire how the site is to be drained. The local authority does not have a duty to follow this premature course of enquiry, though some will just to prevent minor problems developing into bigger issues at a later date.

For an OPP, a plainly drawn site-plan, together with a one-line description of the development proposal, is all that's required. All other aspects can be reviewed at the detailed design stage. Complex information is not required for the OPP application so when describing the kind of development being proposed, explain it simply and keep it to the main point. The necessary paperwork is available from your local authority planning department together with guidance notes to help you complete them. Your architect should be able to guide you in the process.

Detailed planning permission (DPP) has all the in-depth information submitted in a single application. DPP is common where the proposed development is somewhat controversial. Plots in conservation areas, in areas of outstanding natural beauty (AONB), or next to listed buildings are practically always sold with completed detailed planning permission. And the DPP is only valid for five years from the date of consent.

Submitting the Application

It is a good idea for all involved to arrange a meeting with a local authority planning representative on-site. Most authorities will welcome this and should offer constructive advice to assist you in submitting any application. The planning representative is likely to be aware of any previously unsuccessful applications relating to the site, and may advise on amending the plans to quash an earlier decision.

At this stage, you should have a clear indication about the likely outcome of making a formal planning application. But, whether the representative's comments are good or bad, they are not at all definitive. It will be the council's planning committee that makes the decision and, although they may take note of a representative's comments, they don't necessarily rely on them for the final verdict.