Purchase of land from the Council

Molly4

My apologies if this is in the wrong thread but I couldn't see another one suitable.


I am looking to purchase a very small plot of land from my local council. The land is adjacent to my home(which I own outright) and I want to use this land to extend my garden.


I have had a brief discussion with the Council via email about this.


The Council want me to pay their legal and surveyors fees (£1000 plus VAT) and possibly a further £650 plus VAT if the land in question turns out to be Public Open Space Land. If it is Public Open Space Land the Council have got to advertise to the Public that they are going to sell the land. Then of course on top of this is the actual cost of the land itself.


I purchased my home nearly 30 years ago so I am not up to date with all the ins and outs of house buying let alone purchasing land.


I get the impression there is no way out of paying the Council's fees. If I want to purchase I have to pay the above.


What do I have to do from my side of things as the purchaser? Engage a solicitor, a surveyor or can I do it myself to save costs?


If I do it myself how do I find out what I need to do? I don't want to find out somewhere in the future that the Council have put some clause in which is detrimental to me the purchaser.


Any correct legal advice would be great.

Cash-Cows

You will probably need planning permission as well if it's public open space.

Molly4

Why would I need Planning Permission? I intend to make it part of my garden. I am not going to build on it. I am just going to fence it off to enclose it as part of my land.

lincroft1710

Because the land may have pp for a usage other than a garden.

eddddy

molly57. wrote: »

Why would I need Planning Permission? I intend to make it part of my garden. I am not going to build on it. I am just going to fence it off to enclose it as part of my land.

It would be planning permission for change of use. (Planning permission isn't just for building something.)

Here's some info from one specific council - but different councils might view things differently: https://www.gateshead.gov.uk/DocumentLibrary/Building/Leaflets/planning/adviceguides/2.pdf

Presumably you would make your purchase conditional on getting planning permission.

Molly4

The land is only 18.5 square metres so not big enough to build anything on except a garden shed.

eddddy

molly57. wrote: »

The land is only 18.5 square metres so not big enough to build anything on except a garden shed.

You don't need planning permission for a garden shed (usually). But you do need planning permission for change of use (usually).

G_M

If it is currently D2 Assembly and leisure then you'd need PP to change to C3 Dwellinghouses (ot because you are building a dwelling house, but because the land will fall within the boundary of a dwelling house, and no longer be a leaisure facility)

see

https://www.planningportal.gov.uk/permission/commonprojects/changeofuse/

You'll need to pay the council's fees - You might be able to do the actual conveyancing on your side for yourself, but you'll have to pay the council's legal costs. And they won't accept a DIY survey I don't suppose.

Molly4

Thank you for your responses so far. I had not even thought about Planning Permission for change of use. I have yet to establish if this piece of land is classed as Public Open Space. If it is Public Open Space then the change of use would be to residential garden.


I will contact the Planning Department of my Council to find out more.


How do I find out about drainage, pipework or cables under ground? I presume this would be revealed in a survey.

Th3_Ripper

I applied in May 2014 to purchase a small plot of land at the rear of my property, I rang the council last week for an update and they are advising it will take at least another eighteen months before they even consider my request due to a backlog of outstanding requests.

Molly4

That's interesting. I did ask how long the whole process will take once I confirm I am going ahead. I asked whether it would be weeks or months. The reply was months rather than weeks.


I expect it depends on the Council themselves. I'll have to ask again when I go ahead. It will give me plenty of time if it is years instead of months.