When not to buy a plot

Your self build project can only start once you’ve found the right site. But what are the red flags that could signal an expensive mistake? Mike Dade shares his expert insights for getting this important purchase right

Discover the red flags and common pitfalls to avoid when finding the your dream site with Mike Dade’s advice

When you buy a site, or a building for conversion, you need to be sure that you’ll be able to construct the home you want on it. It’s essential, therefore, that you’re aware of the warning signs that could signal potential problems. These could be anything from planning issues to legal complications to practical constraints with the land itself. We’ll have a look at all of these so that you’re both forearmed and forewarned!

The scams

An unfortunate and long-running feature of the plot market has been small parcels of land offered for sale at irresistibly attractive prices. These usually take the form of fields or paddocks, divided up into numerous small parcels of around a quarter of an acre, often located within the green belt or open countryside.

The defining feature that they all share is that none of them have a cat’s chance in hell of being granted planning permission to build new houses. So, at risk of stating the obvious, if it looks too good to be true, then it almost certainly is.

Planning problems

Plots without permission

A site without planning permission isn’t a building plot. It might have the potential to become one, but until there’s consent in place, you can’t be confident you’ll be able to build. Obtaining a professional opinion on the chances of getting permission or going to the council for some preapplication advice are both sensible ways of assessing the likelihood of gaining the green light.

However, neither of these routes is 100% reliable; it’s not until you make a formal planning application that all the factors relevant to a decision come out into the open. So, don’t pay full price for a building plot, unless it has permission. If it doesn’t, look to buy via an option agreement or conditional contract that will delay your final purchase until consent for the design you want is in the bag. Changing planning permission

If you’re purchasing a plot with outline permission, or a detailed one that you want to change, you must assess the likelihood of getting consent for the size and type of house that you want. It’s always worthwhile looking up the council’s online planning application file to see whether there were any objections or issues. These would be summarised in the officer’s report, but it’s a good idea to read through all the comments and feedback from consultees to get the full picture.

If you find anything that suggests your preferred design might prove contentious, proceed with caution. If the application was decided by committee, it’s also worth looking up the minutes of the meeting to see if the decision was made by a clear majority or whether it was a finely balanced vote. A lot of neighbour objections, a hostile parish council and a narrow-margin vote all add up to the potential for trouble ahead, unless your scheme can address some or all the local concerns. Timing of permission & conditions

When buying a plot with planning consent already in place, always check what conditions are attached and when it expires. You might find some so-called ‘pre-commencement’ stipulations requiring additional details to be submitted and agreed with the council. In that case, you

need to allow at least six months to get the information needed together and submitted to the council and for them to reach a decision. Of course, things should move quicker than that, but it’s not unusual for it to drag on.

If a planning permission expires before you can sort out the conditions and start work, then you should make sure you renew it well before it runs out. All things being equal, that should be straightforward – but things aren’t always equal. Policy could have been altered in the three years since the previous permission and planning officers and councillors could have changed. Physical circumstances on the ground may be different too; because of new development in the vicinity, for example, removal of trees, or imposition of tree preservation orders – or simply new neighbours.

Legal problems

Typical issues include restrictive covenants, disputes concerning rights of way over the plot or rights of access and boundary disputes. You’ll need to refer any of these to your solicitor for an opinion. Anything that could prevent you from building as you intend needs consideration. Some issues, like old restrictive covenants, can sometimes be dealt with by taking out indemnity insurance. Access and boundary disputes can drag you into protracted and expensive arguments which are ultimately best avoided.

Practical issues

Contamination

Converters tend to come across this issue more than plot buyers. Former farm and industrial buildings and garages can be tainted with diesel or chemicals. If contamination is suspected, planning permission will be granted subject to a condition requiring investigation, agreement of a mitigation plan and then the rectification works being carried out.

The snag is that until thorough tests are completed, the extent of the problem and the price of clearing it up isn’t known. Unless the cost of a contaminated site reflects these potential fees, consider walking away. Services & drainage

Just occasionally, a lack of services or drainage issues can cause significant problems for self builders. There can be considerable costs involved in running a water or electricity supply to remote rural plots or barns. Or the route from the site to a public sewer might cross somebody else’s land, or the sewer might not have capacity for an additional connection.

While installing a private sewage plant usually provides an alternative to a public sewer, there might not be space for one if the plot is very small. Don’t buy a site unless services and drainage are available or the cost of provision is known. Also, if there are cables, manholes or other signs of services actually over or under the land, check that they can be moved and at what cost. A major public sewer, for example, could be a significant bar to development.

Protected species

The presence of protected fauna on or near a site, or in a building for conversion, is a surprisingly common occurrence. Usually a survey detects their presence and subsequent follow up measures are then agreed with the council to make sure that the creatures are not harmed during construction. There’s likely to be some survey costs involved but the main challenge will be the potential delay to your timeline.

Assessments for things like bats and reptiles can only be undertaken within a limited summer season. A badger sett presents more of a challenge and relocation of their home assumes you have a suitable place within your ownership not to mention funds for the significant costs that are likely to be involved.

Access

A site served by a long and narrow approach could fall foul of Building Regulations because a fire engine wouldn’t be able to gain access. Such an issue wouldn’t necessarily prevent planning permission being granted, but planning doesn’t trump the regs, so always check the practicalities of any constrained access with your building control officer.

Conclusions

In the excitement of finding a plot or building to convert, it can be tempting to brush over potential issues. Careful consideration of the site, planning, legal and practical considerations should enable you to identify likely problems that could thwart your plans or add unacceptable cost or delay.

If you uncover setbacks, look to the seller to sort them out if you can, otherwise they should be reflected in the asking price. If neither of those apply, and you’re being asked to pay a full price for a property with significant warning signs hanging over it, that is the time to walk away.