Как оформить дом в собственность построенный на своей земле Несмотря на то, что согласно с последними изменениями в действующем законодательстве жилой частный дом, если он был построен на приватизированном участке земли, можно оформить в собственность по упрощенной схеме, эта процедура довольно длительная и требует от владельца некоторой осведомлённости.

Вся недвижимость в России подлежит обязательной государственной регистрации, о которой свидетельствуют выданные ответственным учреждением документы. Процедура регистрации частного жилого дома, построенного на личном участке земли, предусматривает внесение в единую государственную кадастровую базу всех сведений об объекте недвижимости и его владельце. Только после регистрации владелец получает законное право распоряжаться домом.

Без оформления регистрации права собственности на свой загородный дом, возведённый на участке земли полученной под индивидуальное жилищное строительство (ИЖС), владелец не сможет ни продать, ни обменять, ни подарить, ни сдать официально в аренду данную недвижимость. Кроме того, если дом был не куплен, а построен владельцем земли, то без государственного оформления данного сооружения официально не существует.

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Начало процедуры

Чтобы правильно провести процедуру оформления регистрации частного жилого или нежилого дома, построенного на своей земле, нужно знать, с чего начать. Первое, что нужно будет сделать, это отправиться в Бюро технической инвентаризации. Там необходимо оформить технические документы – паспорт и план постройки. После этого сооружение следует обязательно поставить на кадастровый учёт, для чего нужно подать заявление и прилагаемые к нему документы.

Далее необходимо отталкиваться от того, есть ли для земельного участка разрешение под ИЖС и все ли документы на него имеются. Иными словами, определяясь, с чего начать, следует иметь в виду:

• Расположение частного дома на садовом или же дачном земельном участке. Становление на учёт в кадастровую базу необязательно. Согласно упрощенной схеме оформления права собственности, достаточно подать заполненную декларацию со всеми сведениями о постройке;
• Строение на земле под ИЖС для ведения частного хозяйства. Первым делом дом нужно поставить на кадастровый учёт, в результате чего будут получены документы, подтверждающие право собственности.

Что понадобится

Чтобы перейти к регистрации права собственности, нужно заведомо подготовить следующие документы:

Наименование	Особенности
Паспорт владельца земли	Оригинал и копия
Заявление о регистрации права собственности на дом	От имени владельца земли
Правоустанавливающие документы на участок	Договор приватизации, обмена, купли-продажи, ренты, дарственная, завещание, свидетельство вступления в наследство, прочее
Документы о разрешении на строительство	Или о самовольном строительстве
Справка из единой государственной реестровой базы	Подтверждающая владельца
Технические и кадастровые документы	Паспорта и планы
Поэтажный план строения	Выдаёт Бюро технической инвентаризации
Квитанция об уплате государственной пошлины	Сделать копию

Ввод в эксплуатацию

В соответствии с последними законодательными изменениями, для регистрации права собственности на частный дом, который был возведён владельцем на его личном участке земли, нужны документы, разрешающие ввод строение в эксплуатацию. Это значит, что начинать следует с Бюро технической инвентаризации.

Получению технических бумаг предшествует вызов сотрудников Бюро технической инвентаризации для осмотра здания и произведения замеров. На основании этих сведений будет составлен технический план и паспорт. После этого владельцу следует подать заявление в городскую администрацию, чтобы присвоить частному дома личный адрес. Далее идёт процедура получения кадастрового паспорта и плана, для чего и потребуются полученные ранее документы.

Только после этого можно получить разрешение на ввод частного дома в эксплуатацию, с последующим оформлением права собственности. Его можно получить в том же учреждении, в котором было получено разрешение на проведение строительных работ. Срок получения документа составляет не более десяти рабочих дней.

При заключении сделок

Важным моментом является необходимость в регистрации прав на частный дом после покупки земельного участка. Для этого необходимо подать заявление и документы, подтверждающие право владения землёй в учреждение Росреестра по месту нахождения объекта недвижимости. При этом во время регистрации обязательно личное присутствие всех совладельцев. Если кто-либо не может явиться, то вместо него может присутствовать доверенное лицо, с оформленной у нотариуса доверенностью.

Если дом был куплен в официально зарегистрированном браке, то необходимо получить письменное согласие второго супруга на его оформление. Такое согласие составляется супругом и заверяется нотариусом. Без этого документ не будет иметь юридической силы.

Приобретая долю участка с домом у продавца, являющегося совладельцем, обязательно следует получить письменные отказы остальных собственников от приобретения продаваемой части имущества, иначе, даже после оформления права собственности, такую сделку легко оспорить и аннулировать.

Если постройка самовольная

Если же владелец земли по каким-либо причинам своевременно не получил разрешение на проведение строительных работ, то после постройки частного дома его придётся легализировать. Данная процедура, порядок которой регламентирован Градостроительным кодексом Российской Федерации, не является особо сложной, однако она может затянуться на несколько месяцев, а финансовые затраты, особенно с привлечением специалиста, будут весьма внушительными.

Чтобы легализировать строение на своём земельном участке, следует выбрать наиболее подходящий вариант из трех:

• Обратиться в суд;
• Оформить задним числом бумаги, разрешающие строительство. Получить разрешение, не сообщая о том, что дом уже построен, а через некоторое время сдать объект;
• Обратиться в комиссию пресечения самовольного строительства и подать заявление для сохранения дома. Если решение будет положительным, владельцу выдадут все необходимые разрешения и прочие документы.

90000 Finding a Plot: The Complete Guide 90001 90002 First things first. In order to find a building plot you are up against some fierce competition — other self builders, certainly, but also full-time ‘land finders’, small builders, and all the vested interests of the development industry. 90003 90002 None of these suggestions are a guaranteed route to a site, although some are easier to follow than others. For the best chance of success, try as many of them as you can manage. 90003 90006 1.Keep an open mind 90007 90002 The main reason that people fail to purchase a plot is not that they fail to find any potential sites. It is because they will not compromise, and will accept nothing less than their dream plot, which in many cases simply does not exist. Before you start looking, think carefully about what you really need but also what you could do without. If you can not compromise on anything, then be prepared for a long wait. 90003 90002 If you have some very rigid requirements about where you want to live, the constraints imposed by the the available sites may dictate what type of house you will build.On the other hand, if you have a firm idea of ​​the character of the house you want to build, then you should be more flexible regarding the location. For example, if you want to live in a classic English village, the chances of getting planning approval for an innovative, modern design are, sadly, slim. If you can compromise and match your desired build style to your dream location, you improve your chances of achieving your main goal, by widening the choice of plots. 90003 90002 Sometimes even the people selling a property may not realise that they have a potential building plot on their hands, even the professionals.If an existing property is in a very poor state, or structurally damaged, it may not be out of the question to demolish it and replace it with a new house. If you find a relatively small house on a large plot, this might also qualify for the same treatment. Sometimes a plot with a solitary bungalow on it can be replaced by several two storey houses. 90003 90006 2. Understand the different types of plot available 90007 90002 When you are trying to find the perfect plot, it often helps to think outside the box.Yes, many plots come packaged as a plot with planning permission, but often pieces of land are ripe for building a home on, but not advertised as such. 90003 90002 It therefore helps to understand the many different types of building plot which may be available to you, if you are willing to look that little bit harder. For example, there may be a small plot sitting behind some existing house, not visible from the street. And do not overlook houses that are for sale that may not be what you are looking for, but could be demolished and replaced with the home of your dreams.90003 90002 Looking for a plot? 90003 90006 3. Study maps 90007 90002 Using Google Maps and even Streetview is a huge boost to the armoury of the would-be self builder looking for plots. You’ll be able to identify gaps in the streetscene, small bungalows on large bits of land, and potential backland plots, all of which are ripe for redevelopment. 90003 90006 4. Know your area 90007 90002 At the start of your search, you need to familiarise yourself with the area, and gather as much information on it as possible.Even if you are looking in your own neighbourhood, you may be surprised by what you find out with a little research. 90003 90002 To be effective, you need to focus in on selected towns, villages or suburbs. If you pick too large an area at the start, your resources will be spread too thinly. 90003 90002 (90033 MORE 90034: How to assess the potential of a building plot) 90003 90006 5. Use land listing agencies 90007 90002 There is not yet a service that collects planning data in a format suitable for people who are hunting for a single plot to build their own home, but there are some specialist agencies — such as 90039 Homebuilding & Renovating’s 90040 plotfinder.net — that collect information from private individuals selling land and estate agents and make it available to subscribers to the service. These can save you a lot of legwork, and offer a good range of sites in different areas. 90003 90002 They are a useful starting point, and at the very least will help you to identify those agents who are active in selling land in your target areas. They will also give you an idea of ​​how much land is coming on to the market, and at what sort of price. 90003 90006 6.Visit planning departments 90007 90002 If anyone wishes to get planning permission approval to build on a piece of land, they must submit an application, which then becomes a matter of public record. What this means is that you can walk into any planning department and ask to see the Planning Register, in which all the applications and decisions (where they have been reached) are recorded. Many councils now publish them on their websites. 90003 90002 What you are looking for is recent applications, preferably outline (i.e. no detailed drawings), for single houses. If an approval has not come through, so much the better. A plot will not usually be advertised for sale until the planning approval has been granted, because this enhances the value, and, if someone spots it early enough, they can make an approach before many others are even aware that it is going to be for sale. 90003 90002 If you find a likely application, make a note of the applicant’s details and approach them directly; they are usually, though not always, the owners of the plot.If the application is for outline approval there is a good chance that they are planning to sell, because there is no point in getting a detailed set of plans drawn up which may be changed by a purchaser. But sometimes they may have obtained detailed approval, with a full design, probably because the planners have insisted on it. 90003 90002 Either way, there is no reason why you should not make a polite approach, either by letter or telephone. 90003 90006 7. Pester estate agents and go to auctions 90007 90002 Despite being the most obvious professionals to go to when looking for land, not all estate agents will be able to help you.The commission to be earned on land is not as attractive as that for houses, and many agents — especially the large chains — have no interest in selling land. Local agents, or those which run property auctions, are the most likely to have something of interest on their list, and there are usually at least one or two in a given area who will be willing to help. 90003 90002 Unfortunately, a few less-scrupulous agents would rather sell the land to someone with whom they have an ongoing relationship, like a local builder, because, apart from oiling the wheels of their business network, they are also likely to be the agent who gets the commission on the sale of the newly built house.So do not just leave your details with them and expect them to call you as soon as they hear of some land that may be of interest. Phone them regularly, and, if possible, visit them as well. 90003 90002 If you are going to sell your house and then rent while you search for a plot, try to chose one of those agents who do sell land. The aim is to try to get into that magic drawer in every agent’s office: the one with the list of ‘hot’ clients, who will get first crack at any good properties the agent is offered.90003 90006 8. Ignore the current plans 90007 90002 Your dream plot may currently have planning permission for a house you would never consider building. When turning pieces of spare land into building plots, the developer will usually submit plans for the least controversial option in order to get the outline planning approval. These are often bungalows or small houses. The reality is that you may well be able to upgrade this planning approval to the kind of house you want. 90003 90006 9. Tell friends and family you are looking for a plot 90007 90002 Most people already have a valuable source of help for finding a site, just waiting to be used: their relatives and acquaintances.Make sure that everyone you know in your family, business and social life knows that you are looking for some land. A classic kind of plot for a one-off house is found in the garden of an existing property, so check out as many gardens as you can for this potential. 90003 90006 10. Look out for custom build schemes in your area 90007 90002 Hundreds of plots are beginning to come to market through the custom build route, whereby enabling developers and councils release land for large-scale self build.These may be a handful of serviced plots on the edge of a new development, or a new community of self built homes planned by a council. Check out plotfinder.net for details as they emerge, as well as this site and the Government’s main self build information site. 90003 90002 (90033 MORE 90034: What is a serviced plot?) 90003 90006 11. Befriend builders 90007 90002 Builders are not your natural allies when it comes to finding land, more your competitors. But there are some circumstances in which they may want to help you.Sometimes a small builder will not want the risk of developing a site, perhaps because of cash-flow problems, and may be prepared to sell you something from their ‘land bank’. 90003 90002 They will, however, usually add a condition that you have to use them to build the new house. This is a serious drawback, because if you agree to it before you have detailed plans and specifications you will find that the construction cost is very high, and every extra above the standard requirements may be charged at the highest possible rate.90003 90002 90033 Beware landbanking 90034 90003 90002 There are a few people prepared to exploit desperate, unworldly plot hunters and relieve them of their money, for maximum profit and minimum outlay. These companies offer what are apparently prime potential plots, for a bargain price. The catch is that there is no planning approval. It is suggested that, in the fullness of time, the land may eventually get planning approval, and you will then own a prime building plot. 90003 90002 The truth is usually that although the land may get approval one day, it probably never will, and you have wasted your money.If you are considering taking up one of these offers get independent advice first, regardless of how attractive it seems. Unfortunately, several of these companies will actually refuse to deal with you if you try and take independent advice as to the viability of these sites — which should be all the warning you need. 90003 90002 There is a huge army of seasoned experts out looking for ‘the real thing’, backed by big money from developers who will risk significant capital to acquire the rights to future development land long before it becomes available — sometimes decades in advance.The hard truth is that these bona fide organisations are not going to sell this land to you, but will build their own housing development, because the profit is far bigger. If anyone offers you a bargain plot, unless they are a generous relative, think again. 90003 90002 This is now usually referred to as ‘landbanking’. There are a series of good guides around, from the Land Registry and on the FSA website. 90003 90006 12. Use professional land finders 90007 90002 Large developers use professional land finders, who can sometimes be found in the Yellow Pages.But there is an economy of scale for big sites, because they can take the same time to find as a small one like the one you are looking for. So do not expect much help from this quarter, unless you agree to pay a significant percentage of the land price in commission. Even if you agree to this, they may find a lot of good sites which are suitable for building a house on and making a profit, but which may not suit your particular requirements. 90003 90006 13. Use self build companies and architects 90007 90002 There are a few companies, some connected to kit suppliers (Border Oak, for one) or builders, who buy up larger sites, split them into individual properties, and sell them on to self-builders.Check whether you are tied into using a particular firm if you buy a plot. If this is the only way you can get a site in the right area, make sure that you get independent expert advice before signing on the dotted line. 90003 90006 14. Study the local plan 90007 90002 Local authority planning departments, in association with national government and county councils, prepare maps and plans of their area that identify which locations are suitable for new development, and the rules that will be used to govern infill sites.This information is published in the form of the Local Plan. It is a useful document, giving the background to planning policy, and can be browsed at the reception of the planning department. 90003 90002 At any given time, a revision of the Local Plan is usually in progress and, if it is going to replace the existing one fairly soon, it can give useful information on sites that may be released for development in the future. 90003 90006 15. Read and use the local paper 90007 90002 Ensure that you get the local paper (often the weekly free sheet is as effective as the daily) on the day it comes out — otherwise other, keener self builders may well have beaten you to the best opportunities.Use the paper proactively — take out an advertisement for ‘Building Plot Wanted’ and play up your credentials as private individuals looking for a nice quiet place to live. People would often rather sell a plot to someone they can choose as a neighbour rather than a builder. 90003 90006 16. Estate Departments 90007 90002 There are all sorts of institutions, organisations and companies that own land and sell some off periodically — they include the railway management body, universities, traditional landowners like the Duchy of Cornwall, the coal authority, and district and county councils.It is a long process contacting all of them, but if you can keep abreast of the local and regional news, you may discover one of them is offering parcels of land. 90003 90006 17. What to look for when plot hunting 90007 90002 When you are out scouting an area, you can train yourself to spot opportunities. Once you start thinking like this, stopping and walking through a village while you are on holiday will never be the same again — potential building plots loom up on every road. These are some of the clues that you should look for: 90003 90002 90033 Large gaps between and behind houses 90034 90039 90033.90034 90040 It is usually easier to get planning approval for development in between, or next to, existing houses. If there is space beside a house, and especially if it has easy access to the road, it is a potential plot. If there is a big back garden, and access for vehicles to get to it down the side of the house, it may be possible to build at the bottom of it. Read more about building on a garden plot here. 90003 90002 90033 Narrow gaps that are not overlooked. 90034 Sometimes sites that are apparently too narrow can be used to squeeze in a small house, provided that the access or windows of the houses either side are not affected.90003 90002 90033 Look for houses of a similar size and quality to the one you wish to build. 90034 The way that houses are valued means that it is less economic to develop a house that is massively disproportionate to those surrounding it. You can end up over-developing, that is spending far more money on a house than you could ever sell it for; or under-developing, that is building too small a house and failing to realise the full potential of the site. 90003 90002 90033 Vehicle access. 90034 Whatever land you find, unless it is near a city or town centre, will have to have parking space, so there must be a way of reaching it by car.90003 90002 90033 Disused land and brownfield sites. 90034 These are very easy to miss. It takes a lot of imagination to see a petrol-filling station, a telephone exchange, a disused industrial unit, or a scrap yard as the site for a beautiful home, but they all could be, subject to planning approval. 90003 90002 90033 Site assembly 90034 90039 90033. 90034 90040 If you see a number of gardens that are too small for a house, but together could be big enough, take a leaf from the professional developer’s book and consider assembling your own site.It needs tact, patience, and a bit of business acumen, but it has been done — particularly when the homeowners realise that a small bit of their garden can earn them some money. 90003 90006 18. How to scout out a site 90007 90002 If you want to find a potential site that no one has thought of selling yet, there are several rules to follow: 90003 90158 90159 90033 Select a few key areas, 90034 for instance two or three villages or areas of a town. Limit your search to these key areas, in order to ensure that you cover them thoroughly.90162 90159 90033 Buy a map that shows houses, 90034 for instance OS Pathfinders show houses at 1: 25,000. You will be able to use this map to record where potential plots are. 90162 90159 90033 Walk around your chosen areas 90034 since, if you drive, you may miss the less-obvious sites. 90162 90159 90033 Methodically take details of sites. 90034 Note the address, location and size. Take photographs if possible, and draw sketch plans. These details will help you to remember which site is which, after you have visited several one after the other.90162 90159 90033 Deliver standard letters to houses 90034 adjacent to potential building land, asking the owner to contact you if they are interested in selling. Always be polite and never be ‘pushy’ — people are often suspicious of anyone who makes this kind of approach. 90162 90159 90033 Talk to locals. 90034 Visit the local pubs and shops, and ask if anyone knows of any land for sale. If anybody seems helpful, leave a contact address or telephone number. 90162 90183 90006 19. How to View a Plot 90007 90002 When you find a plot, you then need to view it to check it suits your needs.Knowing what to look for in a plot is essential. 90003 90002 It is not just a case of it being in the right location, but accessibility, size and provision of services are very important factors too. 90003 90002 Read our guide to plot viewing to find out more. 90003 .90000 A Guide to Plot Types 90001 90002 Land does not always come in a nicely advertised package with planning permission — so use some initiative and seek it out yourself. The first-time self builder, thinking that the task of finding a suitable plot is going to be difficult enough, will be even more daunted when they discover that plots come in various types and that there is a plethora of names for each. 90003 90002 It is the existence of planning permission that makes a piece of land a plot, and you should never actually pay for a plot until or unless planning permission is obtained.However, since you can apply for planning permission on any land — even if you do not own it — your choice of plots might be much wider than you think. 90003 90006 Infill Plots 90007 90002 ‘Infill’ is the term commonly used for plots in an urban or village setting that 90009 occupy a gap in the street scene 90010, rather than extending beyond the boundaries of the settlement. Any extension of the settlement boundary is likely to be frowned upon by the planners and referred to as a ‘ribbon development’.90003 90002 However, just because a plot is infill does not necessarily mean that the planners will agree to its development. There are countless examples of open spaces or even fields that have been encircled by development within a village, and you might think that they are ripe for building upon. The Government at national level is keen to see areas of land within settlement boundaries used up before open land; but often local governments are just as keen to ensure that open spaces within the built-up area are maintained.90003 90002 Infill plots come in two guises: 90003 90002 This is land that has no current use and is hidden from view by walls or fences which give the illusion that the street scene is uninterrupted. Land could be spare because: 90003 90018 90019 the plot used to be garden or allotment land 90020 90019 there was previously an access to land at the rear that has subsequently been sold off or developed 90020 90019 the land may well have had a previous use that , in the past, precluded its use for development, such as the local dump 90020 90019 owners have half-forgotten that they own this piece of land that they no longer use 90020 90019 the land is not registered and has slipped out of ownership.90020 90029 90002 Check out Google Maps or the Ordnance Survey plan for your area and study it for signs of this spare land. Then get out there and make enquiries. The biggest problem you may face is where there is no traceable owner. The Land Registry can usually help for those with transactions against them since 2000. 90003 90002 This is the other and more certain type of infill plot, where homeowners with gardens possessing a wide frontage lop off a section adjoining the carriageway. 90003 90002 Garden plots had previously been classed as ‘brownfield’ but they are now ‘greenfield’ again meaning planning permission is more likely to be granted if your development fits local needs.90003 90002 Nevertheless, most single plots that come onto the market were once part of somebody’s garden. Things to look out for are any restrictive covenants that the vendors might wish to impose, restricting, say, the ability to have windows overlooking the retained house and whether or not one has the right to connect to services or drains within the garden area of ​​that old house. 90003 90002 Once again, looking around and studying maps can identify potential plots. You then need to knock on doors and ask if they would be willing to sell in the event of getting planning permission.90003 90002 (90009 MORE 90010: How to build a home on a garden plot) 90003 90002 90003 90046 Jeremy and Susanna Emmerson have built a contemporary home on a narrow site formerly occupied by a garage next door to their old house 90047 (Image credit: Alistair Nicholls) 90006 Backland Development 90007 90002 This is another type of garden plot. Only here, instead of seeking to infill the road frontage, the development is at the 90009 rear of the existing house 90010. This only really happens where the original plot is quite large but, in reality, there is often more privacy on such plots than on many modern estates.90003 90002 90009 Access 90010 is usually down the side of the existing house and the terms of that right of way need to be properly laid out. If you share access then it would be preferable to have an obligation for joint maintenance. 90003 90002 (90009 MORE 90010: Does your plot have access issues?) 90003 90006 Brownfield Land 90007 90002 The term applies to land which has had a 90009 previous planning use 90010 that may have ceased. It could be factories, an old builders ‘yard or even a disused petrol station.The Government is broadly supportive of its use for redevelopment, so long as all other normal planning criteria are established. 90003 90002 Watch out for 90009 contamination 90010 on sites with an ex-industrial use. This can almost always be dealt with but it can be costly and those costs should be reflected in the price. As previously stated, garden land is also designated as brownfield land. 90003 90006 Greenfield Land 90007 90002 This is land that has 90009 not been previously developed 90010.All political parties are against the development of previously undeveloped land in the countryside, unless it fits in with their requirements to provide more housing, infrastructure or new towns. 90003 90006 Green Belt Land 90007 90002 This is an entirely different designation from greenfield land in that its preservation is given legal status. In general, no new development is allowed on green belt land, unless it again fits in with Government requirements. 90003 90002 If you do want to build in the countryside (even on greenbelt), it can be done under what is known as Paragraph 79 of the National Planning Policy Framework.It is not straightforward, but neither is it impossible. 90003 90002 We explain how in our Guide to Paragraph 79 90003 90006 Replacement Plots 90007 90002 What this refers to is a situation where the plot is occupied by a house or bungalow that is either substandard in construction terms or has / is not realising the full potential of the plot. It is ripe for being knocked down and replaced with a better building or buildings. 90003 90002 In general, planners are amenable to a one-for-one replacement but beware local policies that limit the size of a new dwelling by reference to the size of the original — this is particularly likely in the green belt.90003 90002 Before taking on a project of this type, it is essential that you understand planning permission for replacement dwellings. 90003 90006 Fully Serviced Plots / Custom Homes 90007 90002 Increasingly, local authorities or private companies bring plots to the market with the service roads and sewers already in. These are serviced plots and in many cases service supplies will be connected into the plots, although connection charges may still be required. The developer of the land will them offer the plots for custom build homes with varying levels of design involvement from the prospective homeowner.90003 90002 This can be a great way to get a bespoke home, but the rub is that there is generally a more restricted design process for the self builder (and your home will be part of a development). If this does not bother you, it is certainly a great way to self build for less and with fewer uncertainties surrounding planning permission and site suitability. 90003 90006 Once You’ve Found a Plot, You Have a Legal Option to Buy Subject to Planning 90007 90002 To ensure that the plot will be yours on receipt of planning permission, you need to get your solicitors to prepare a simple one- or two -page legal option, which requires the 90009 vendor to sell to you in the event of your planning application being successful 90010.It may require some payment. If it’s a large sum it’s normally deducted from the price if the sale goes through. It will almost certainly be time limited too. It may state the price if you’ve agreed it or it may leave that to a valuation at a future date. 90003 90002 Alternatively, if having visited the planners you’re absolutely convinced that it’ll get planning permission, you could agree to buy it and run up to exchange of contracts ‘90009 subject to receipt of satisfactory planning permission 90010’.That way, if things do not go to plan and the application is refused, the contract will void and you’ll get your deposit back. 90003 90002 What you will not get back in either of these scenarios is the costs of preparing the plans and making the application. It’s a gamble. So make sure that you make the right enquiries with the planners and that you take the correct message away — not just the one that you want to hear. 90003 90006 What if You Can not Establish the Identity of the Vendor? 90007 90002 Then you need to turn detective: 90003 90018 90019 ask adjoining owners if they know who owns or last occupied the land 90020 90019 look at parish or church records 90020 90019 find out information in the pub, the post office, the local shop or the hairdressers (try and seek out the oldest person in the village too) 90020 90029 90002 You could go to the Land Registry (England & Wales) or Registers of Scotland and pay a small fee (£ 5 for a paper application or £ 4 online ) to see if the land is registered and, if so, to who.However, if the land has been vacant for some time and, therefore, has not been sold in relatively recent times, it will not be registered. 90003 90002 If it is not, you’ll be back to your detective work and you may need to up the stakes by putting a notice on the land or doing something on it that may flush out those with an interest in it. But be careful to balance that with a need for others not to seek to get in on the act. 90003 90006 How to Work Out What the Plot is Really Worth 90007 90002 The last thing you should do is contact estate agents or valuers to find out how much a plot that currently does not have planning permission would otherwise be worth.They’ll take over the situation and you’ll find yourself cut out of the loop as they try to get the consent and then sell it the way they want to and, probably, to the party they want to have it. 90003 90002 Plots get their value as a direct result of the value of the house that could be built on the land. And there is a simple equation that will work in most circumstances: 90003 90002 90009 The land costs (A) + the build costs (B) + a 20/30% margin (A + B x 20/30%) = the end value (C). 90010 90003 90002 You start with the answer to the equation: the end value.What is a home of the sort that you feel will reasonably get planning permission going to be worth on this plot? The answer to that question is all around you, in estate agents ‘windows, in the local papers and, if necessary, by checking on the prices of similar sales with Land Registry. 90003 90002 Your next step is to work out the probable build costs using the Homebuilding & Renovating Build Cost Calculator. Then, put in your hoped-for price for the land, and the margin. If the answer does not come up to the end value, then your land valuation is too low.If it’s higher, then either the land cost or your building costs are too high, or a bit of both. Either way you need to juggle the figures to get to the fixed answer. 90003 90002 As self builders, one of the elements that you can control is the margin. It’s never a good idea to go into a project with it in negative equity. But if you’re not planning to sell in the near future, you could take the view that the margin could be trimmed. 90003 .90000 How to Build a Home on a Garden Plot 90001 90002 Without doubt, the greatest number of single plots, and by definition, those that are of the most interest to potential self builders, are carved from existing properties. These are the garden plots, created by fencing off land at the side or by allowing a driveway to grant access to ‘spare’ land at the rear, or perhaps the front. 90003 90002 Many would-be self builders spend months, and sometimes years, looking for a plot. And yet, for some, a plot is already within their ownership in the form of the garden that has become too large for their requirements.Building a new home in the garden is, therefore, a terrific way to obtain a plot. But there are considerations and potential pitfalls that do need to be taken into account. 90003 90006 The Advantages of Building in Your Garden 90007 90002 If the right procedures and precautions are taken, there are countless advantages to building a new home on your own garden land: 90003 90010 90011 You typically have somewhere to live while building. 90012 90011 As such, you can keep an eye on progress and security.90012 90011 You may have existing space to safely store building materials, allowing you to shop in bulk as well as take advantage of bargains in advance of the build as they crop up. 90012 90011 You can ensure that the design does not detrimentally affect your existing home and that the new home is, similarly, protected from any adverse effects from the old house. 90012 90011 You do not have to pay for the plot and can therefore concentrate all of your resources into the new dwelling. 90012 90011 You can often utilise the existing services, particularly connections to mains sewers, removing the expense of opening up roads to connect to services.90012 90011 You retain the environment and the neighbourhood you have become familiar with. 90012 90025 90002 The last Labour Government designated garden land as brownfield, with a presumption in favour of development. It was thought to be a godsend for self builders, but it fell out of favour because so many gardens were being developed as multiple occupation buildings, fundamentally changing the nature of many neighbourhoods. It also fell foul of a completely separate government aspiration for higher-density development, which meant that many potential self builders and developers wishing to build a single home were, instead, required to build more than one dwelling.90003 90002 Subsequent governments removed the brownfield status from garden land, heralding the end of ‘garden grabbing’. But nothing has really changed, except that it became necessary for applicants to demonstrate the advisability and desirability of development. This often means that single dwellings will find more favour when it comes to gaining planning permission. 90003 90002 Large gardens, where it can be demonstrated that thoughtful development can take place without detriment to the nature of the area and the streetscene, are still acceptable in many situations and, once again, form the bulk of single plots.90003 90006 Beware Covenants 90007 90002 It’s important to remember that while planning permission means that you may develop land, it does not say that you can — if there is a legal impediment in the form of a covenant against further development, it might render the consent inoperable. Covenants or burdens (as they’re known in Scotland) attach to the title of a house and garden or land; details will be contained within the information held by the Land Registry or the Registers of Scotland. They are usually put in place by a previous owner and they are binding on any owner and / or any future owners.90003 90002 The covenant that is most likely to alarm a prospective self builder is a blanket restrictive covenant prohibiting any form of development of the garden or specifically excluding the building of a dwelling. If the covenant is ‘live’ and the beneficiaries are known then this really can be a problem. 90003 90002 The only way to remove it would be to either agree to some form of payment or to apply to the Lands Tribunal on the basis that the original purpose of the covenant had faded away over time.Such an application would, however, only have a slim chance of success. 90003 90002 A breach of covenant without consent may well result in an injunction. So, if you do hope to build on a garden with such a covenant attached, an agreement must be reached with the beneficiaries, which usually involves payment of up to one third of the uplift in value from ‘useless’ garden land to a developable plot . This is what is known as an uplift clause. 90003 90002 On the other hand, if the covenant does not appear to have any traceable beneficiary, then the self builder is in a much better position.The simple way around this is not to seek to have the covenant removed but to purchase a single premium indemnity policy. This can be arranged through a solicitor and the premium will be established based on the likelihood of a beneficiary coming forward. 90003 90002 This self build in Sheffield (designed by Halliday Clark Architects) was built on a large driveway to an existing terrace home, after the homeowners, Tom and Emily Hunt, spotted the potential for a plot. 90003 90002 90003 (Image credit: Jeremy Phillips) 90002 «The end-terrace property we chose to buy had a large driveway to one side, which had once contained two other terraced houses.These were condemned and demolished in the 1970s, but we hoped to get planning consent to build something else on the land, «explains Tom. The couple remained living in the terrace during the build. 90003 90006 Potential Access Issues 90007 90002 Access may potentially be another issue to consider. Many homes share their drives or access with one or more other dwellings and the arrangements for this access can take many forms. If private access is / has been granted to a particular parcel of land, then the addition of a further dwelling will usually not run counter to the agreement.But if the access is granted on the basis of access to a named or numbered dwelling or specifically refers to a ‘single’ dwelling, then that access, and all its rights, may not automatically transfer to a subsequent dwelling. Once again, agreement might have to be made and a ‘ransom’ paid. 90003 90002 The same criteria could apply to services which run under or over land in the ownership of others or beneath a shared private drive. The utilisation of land or access without consent may well result in an injunction.On the other hand, an injunction is an expensive procedure and many aggrieved beneficiaries will fail to take matters that far. If you take advantage of this situation, do be aware that if you ever want to sell the new dwelling, you might then run into problems. 90003 90006 Will a New Home Impact on the Value of the Existing? 90007 90002 In most cases, the carving of a plot from a larger-than-average garden will have little or no detrimental effect on the original value of the existing home. As long as the original dwelling is left with an overall plot size of at least three times the building’s footprint, it is unlikely that a diminution in value will occur.90003 90002 What’s more, any reduction in the value of the house will usually be vastly outweighed by the increase in value of the resultant plot. 90003 90002 Pete and Lot Clark bought their five-bed Victorian house in a Derbyshire village some 35 years ago, with a view to downsizing to a new home when their children grew up. Their existing two-acre garden provided space to build a new energy-efficient home that would provide them with low running costs during their retirement. 90003 90002 90003 (Image credit: Jeremy Phillips) 90006 The Tax Rules Explained 90007 90002 If you obtain planning permission to build a new home in the garden of your existing home, your 90069 Principal Private Residence 90070 (PPR), and then decide not to build but sell off the plot instead, then, as long as the plot does not exceed 0.6 hectare (approximately 1.25 acres) in size, the gains from any sale are exempt from Capital Gains Tax (CGT). If you do build the new home and move into it, then the sale of the old home is, similarly, exempt from CGT. Once you have moved into the new home it becomes your PPR and is exempt from CGT in any subsequent sale, too. 90003 90002 If the ‘garden’ land that you build the new house on is divorced from your PPR, for example, a 90069 paddock or allotment 90070 on the other side of the village, then once the new home is finished, the sale of your old PPR will be tax exempt and the new dwelling will become your PPR from the date that you move into it.90003 90002 However, a CGT liability will have occurred on the new dwelling, calculated on the basis of its uplift in value in terms of the planning and development of the plot during the time of your ownership up to the date of your occupation. This liability only occurs when the gain is realised in any future sale and will, therefore, lie dormant until or unless that situation occurs. 90003 90002 If you build the new property and then 90069 let it out 90070, then CGT will be payable on any subsequent sale.Additionally, as the first supply was as a letting, you will not be able to reclaim the VAT paid out during the construction of the dwelling. 90003 90002 However, if you make a habit of building again and again on a garden or any other plot, skimming a little off the top to live on, with little or no demonstrable other form of income, then you will attract the attention of the tax authorities and it will not be CGT that you’ll be liable for, but Income Tax. 90003 90002 If you build the new home in the garden and 90069 sell it off 90070 without ever living in it, then you will also be deemed to be trading, and Income Tax will become payable on the ‘developer’s profit’ that you make, as well as the gain caused by the uplift in value of the plot when planning permission was obtained.90003 90006 Funding the Build 90007 90002 In an ideal world we’d all have paid off our existing mortgages and have adequate savings available to fund the entity of a self build. There are, however, several different options available where this is not the case. 90003 90002 You may be able to raise money on the existing house in order to finance the build, paying it all off when the old home is sold, for instance. Alternatively, the increased value of the plot may mean that you can raise finance, sufficient to build the new home and / or pay off any existing mortgage on the old home.90003 90002 When it comes to self build mortgages, owning the land is a distinct advantage because an accelerator mortgage (such as that offered by BuildStore) will normally give you a percentage of the land value, plus a percentage of the build costs in staged payments . As you own the land already, your first tranche of money for the land will usually go a long way towards your build costs. 90003 90002 If, however, you have a very large mortgage on the existing home and your income will not allow you to secure additional lending, then you may be forced to sell the old home before commencing work.But the timing of that sale will be in your hands, allowing you to minimise the gap between homes. 90003 90002 In any event, it’s essential to talk to a dedicated self build mortgage provider who understands the self build market, rather than a standard high street lender. 90003 .90000 Bringing Utilities to an Undeveloped Plot of Land — What to Expect 90001 You found the perfect plot of land, but there s just one problem: there are no utility connections. Ideally, it s best to invest in undeveloped land that already has utility connections. But we don t live in a perfect world, and sometimes, the perfect plot of land is simply unconnected to local utilities. If you find yourself in this situation, you may be wondering what to expect when connecting to nearby utilities. 90002 90003 Don t Be Fooled By Nearest Utilities 90004 90005 90002 When searching for land, you may have come across listings that state utilities are nearby.But the term nearby is vague, and doesn t really tell you much about how far away the nearest hook-ups are. They may be right across the street, or they may be over a mile away. The best thing you can do is research to find out how far away utility hookups really are. 90005 90002 90003 Costs Will Vary Depending on Your Location 90004 90005 90002 How far will utility lines have to be run? This is one of the primary factors in determining the cost of running utilities to your property. The further your property is from utility connections, the more costly it will be to connect your property.90005 90002 Take, for example, one investor who purchased a piece of property off of a paved county road. Because he was close to utility connections, the cost to connect to electricity and water was free. In this case, connecting costs were minimal and only included: 90005 90002 — Connecting a main water pipe to the home: $ 300 90005 90002 — Natural gas line hook-up: $ 150 90005 90002 — Septic tank installation: $ 3,000 90005 90002 Not everyone is as lucky as this investor. In most cases, it can cost anywhere from $ 10,000- $ 30,000 to hook up to nearby utilities.Again, the cost will be dependent on your location and proximity to utility connections. Always budget for more than the estimated costs because costs always wind up running over. 90005 90002 Distance isn t the only consideration. Some cities and power companies charge more than others to run lines. The city and county in which you live will play a major role in the cost of running lines to your property. 90005 90002 90003 You May Need Approval from Neighbors to Run Lines 90004 90005 90002 Remember the lucky investor we talked about earlier? He did face one issue when connecting to the local power company: he needed permission from his neighbors to install a power pole and line.Luckily, one neighbor was okay with the installation, but the other was not. Aside from having to get permission, the investor also had to give 15 feet of right-away on either side of the property. 90005 90002 90003 You May Need to Check the Quality of Your Property s Water Source 90004 90005 90002 Naturally, you ll need to connect to a water source to supply the property with this vital resource. Generally, you have two options: dig a well, or connect to city / municipal water. 90005 90002 Depending on the property, it may be more affordable to dig a well.But if you choose to go this route, you will need to check the quality of the property s water source before you start this type of project. More often than not, well systems need some sort of filtration to remove bacteria and salts. 90005 90002 Connecting to city / municipal water is more convenient, but can be costly. It s important to compare the cost of both options before making a final decision. 90005 90002 90003 Connecting to the Grid Isn t the Only Option 90004 90005 90002 Connecting to the local power company is the simplest and most convenient option, but it s not always the best.Estimating the cost of this type of hookup can be difficult, and there are several things you ll need to consider, including: 90005 90002 — Will your powerlines be run overhead, or underground? 90005 90002 — Is this area prone to brownouts or blackouts? 90005 90002 — How many transformers will you need? 90005 90002 — Will you need a backup generator? 90005 90002 If connect to the local power company isn t feasible or not an affordable option, you may want to look into alternative power sources, such as wind or solar.Just keep in mind that most wind power systems don t provide enough power to run a typical home. Solar, on the other hand, can generate more than enough energy. In fact, you may be able to resell excess power to the local power company. 90005 90002 90003 You ll Need Adequate Space for a Septic System 90004 90005 90002 If you plan on installing a septic tank on the property, you ll need to make sure that you have adequate space for the system. Remember, you won t be able to build or drive in this area.And if you re installing a well system, you ll need additional space for a buffer area. 90005 90002 In most cases, the cost to install a septic system will exceed the cost of hooking up to a local sewer system. That said, the costs of operating an independent septic system are low compared to paying a monthly fee for your sewer connection. The most advanced septic systems can cost $ 20,000 or more, but for a simple, basic tank system, you may pay as little as $ 3,000. 90005 90002 90003 Expect the Process to Take Time A Lot of Time 90004 90005 90002 If you re hoping to put in a work order for utility connections today and be up and running in the next month, you re going to be in for a rude awakening.This is a process that takes time lots of time. Getting the permits alone can take weeks or months, and that s if there are no hiccups along the way. Delays are not necessarily common, but they can cause issues. 90005 90002 Let s not forget the time it will take the run the lines. Underground lines will take longer and will generally cost more, but poles may require permission from your neighbors (which can also add time). Expect to wait at least a few months for all utility connections to be up and running.90005 90002 Bringing utilities to an undeveloped plot of land can be costly and time-consuming, but if you ve found the ideal property, it may be worthwhile especially if you purchased the property at a rock bottom price. Be sure to get accurate estimates of costs, and budget for more as costs typically run higher. 90005.