Self Build Property/ Building your own home

09/04/2021 Emma McCaul 0 Comments

Do you currently own a site with Planning Permission for building your own property, or are you considering purchasing a site for this purchase?

Whilst you have already got over the initial hurdle of obtaining a site and either have planning permission or are in the process of submitting plans, there are many other legal factors that will require the assistance of your Solicitor and Architect.

You should seek legal advice on whether there are any title issues which may restrict what you want to do on site. Sometimes the legal title can contain restrictive covenants which may restrict the use of land, type or number of buildings/houses on the lands. It is important to be aware of any such issues at the outset.

We will need to look at all utilities for your site including access, visibility splays, storm drainage, sewer drainage, electricity etc. There needs to be the appropriate legal rights for each of these matters and possibly third-party easements for same if they are not contained wholly within your own legal boundaries.

If you later obtain a Self-Build or Contractor-Led Mortgage for your property, your Lender will instruct us to confirm that all these amenities/utilities are in place and all legal easements/rights are in place before they will lend against the site/build. If these are not already in place, this can delay any drawdown of Mortgage/Stage payments. Legal easements/rights of way etc. may be required to be secured which can cause added and most likely unanticipated costs.

It is essential that you take legal advice on any site to ensure you can in fact proceed with any planning approvals you may have. Your Solicitor and Architect can work together to ensure everything is legally in order for your site and proposed plans.

Self Build Property/ Building your own home was last modified: March 27th, 2023 by Emma McCaul