Land Development  

Land development is potentially a high risk venture. You therefore must ensure that you have an experienced team of experts on board to advise you at every stage. Here are some examples of the due diligence that we would undertake when acting for a developer. This is not an exhaustive list but it does give you a flavour of the potential issues which could thwart a development. 

Undertake a site visit

Draft the option agreement/conditional contract to ensure they reflect the terms you have agreed. The option/ contract period should be long enough to allow you to obtain planning and to allow for the expiry of the planning challenge period.

Check the title for any ransom strips, third party rights and restrictive covenants which could thwart the development and advise you as appropriate.

Review any tenancies to ensure that the Landowner can give you vacant possession on completion.

Check the VAT position.

Undertake a search at the Land Registry of the site plan to ensure that the property falls within the Landowner’s title.

Carry out a local authority search which will reveal all the information the local authority holds in relation to the property. This reveals important information such as the planning history, the existence of any common land and public footpaths and any enforcement notices.

Carry out an Environmental Search to ascertain if there are any potential issues relating to contamination.

Carry out a drainage search to ensure that the property is connected to adopted foul and water drainage and a water supply.

Carry out a chancel search to reveal whether or not the property you are proposing to purchase may be affected by a potential “Chancel Repair” obligation to the local Parish Church.

Raise enquiries of BT and the relevant gas and electricity companies with regards to wayleave agreements and the location of any pipes/ cables to ensure that you will not have any difficulties connecting to the same.

Undertake any mining searches, if appropriate.

Raise enquiries of the Environmental Agency with regards to flooding.

Raise enquiries of Highways with regards to the status of the road and the presence of any third party intervening land.

Raise formal written enquiries with the Landowner's solicitors on various issues such as any third party rights, changes in the boundaries and other important information that you need to be aware before you purchase the land.

Liaise with your lender or their solicitors to ensure that you can meet their requirements before committing yourself to the acquisition.