Building on a site you dont own

O

On a Plain

Registered User
Messages
43
Hello

I have a remainder interest in the family farm and would like to build. The only issue is my mother has a life interest and then the entire farm passes to me and my two brothers. I am just wondering is it possible to make a planning application on a site you dont actually own ?
 
Yes. You need written permission of the landowner to apply for planning permission (common enough where a site is being sold subject to planning).
 
Ok, so planning permission can be achieved with the written permission of the owner

If planning permission is obtained is it possible to build on the site then, even though ownership has still not passed on ?
 
My understanding is if you're looking for a mortgage, you would need to own the site. Your bank / mortgage broker would clarify for you quickly.

If you're building out of your own funds, you can technically go ahead, but you're leaving yourself open to legal headaches if anything goes wrong at any point. You don't want to plan for it, but small things can lead to big family arguments. It's much cleaner to have the ownership transferred to you. I'm not sure of the exact process, but you'd need a solicitor and would have to pay stamp duty on the transfer even if you're getting it for free.

It's common enough where for example someone is going to inherit a farm in the future, and wants to build a house now. My advice would be to have a quick chat with a local solicitor who'd be used to the practice.

Someone else may be more familiar (I'm from a farming background, but not the one taking over the farm).
 
RedOnion said:
My understanding is if you're looking for a mortgage, you would need to own the site. Your bank / mortgage broker would clarify for you quickly.

If you're building out of your own funds, you can technically go ahead, but you're leaving yourself open to legal headaches if anything goes wrong at any point. You don't want to plan for it, but small things can lead to big family arguments. It's much cleaner to have the ownership transferred to you. I'm not sure of the exact process, but you'd need a solicitor and would have to pay stamp duty on the transfer even if you're getting it for free.

It's common enough where for example someone is going to inherit a farm in the future, and wants to build a house now. My advice would be to have a quick chat with a local solicitor who'd be used to the practice.

Someone else may be more familiar (I'm from a farming background, but not the one taking over the farm).
Click to expand...

Thank you, i will have a chat with my solicitor about it
 
I would echo what RedOnion said...... it shouldnt matter too much for planning permission , a signed letter usually suffices for that.
But you should get the title transferred before you build. Basically you dont want to be building a house on a site you dont own, for obvious reasons. Until you officially own the property in your own name, anything could happen legally

I wonder what would happen in a case where a person had a house built on a site they didnt own, but they were due to inherit and then didnt.
I mean, would they still own the house ?
 
You must log in or register to reply here.
Back
Top