Advice re building on parents land

jen77_2

First post so please be kind. 
My elderly mum lives 2.5hr away from us in a large house with acres of land, due to her age we are wanting to move closer to her. She has offered us some of her land for us to build our own property on, for free, gifted. There is an existing derelict large stable block and a strip of land we would deem suitable.
How do we go about this?
I thought about completing the land registry transfer first, looked into the TP1 and AP1 forms but I am getting baffled the section 12 and how much info is needed - do I just copy out the existing terms/restrictive covenants etc on her current house/land deeds? Or would you try get planning first and risk the land 'value' going up if permission is granted....and then transfer LR stuff?

user1977

If you're already baffled, that might be a sign to get somebody else to do it! You don't want to build the house and then years later discover you made a fundamental error.

Are you comfortable about what the title deeds currently say, and nothing there is an obstacle to building the house? Is it going to be sharing any services or access with the remaining land?

Probably not much point dealing with the conveyancing if you don't know whether you'll get planning. If it were an arm's length deal with a third party you'd want a conditional contract in place first, but I presume you trust your mum to transfer the land after you get planning?

Slithery

Does she have a mortgage on the property?

eddddy

Would you want the land transferred if you can't build on it?

As a starting point, it might be worth asking your local planning authority (the council) about the likelihood of getting planning consent. You can usually ask for "pre-application advice".

You often have to ask in writing and pay a fee - and they'll give you their opinion.


If the council sound positive, that's great. If they sound negative - maybe you start talking to professional planning consultants, to see if they think it's worth putting up a fight.



Edit to add...

You can ask the council about the likelihood of getting consent for...

• for a new house in your favourite position on the land
• for a new house somewhere else on the land
• for converting the stable block into a house
• for building a new house on the footprint of the stable block, to the same height as the stable block

etc

Doozergirl

eddddy said:

Would you want the land transferred if you can't build on it?

As a starting point, it might be worth asking your local planning authority (the council) about the likelihood of getting planning consent. You can usually ask for "pre-application advice".

You often have to ask in writing and pay a fee - and they'll give you their opinion.


If the council sound positive, that's great. If they sound negative - maybe you start talking to professional planning consultants, to see if they think it's worth putting up a fight.



Edit to add...

You can ask the council about the likelihood of getting consent for...

• for a new house in your favourite position on the land
• for a new house somewhere else on the land
• for converting the stable block into a house
• for building a new house on the footprint of the stable block, to the same height as the stable block

etc

I'd agree with this.   Explore your planning options first and ensure the land is also the right location, size and shape for your proposed development.  

You do want to use a solicitor to deal with the LR transfer for you as you want to ensure that what you will own is fully mortgageable with no issues on it - do it once, do it right.  

canaldumidi

Just to re-iterate and add:

*Does she have a mortgage on the property? - lender's consent will be needed

*You can ask the council about the likelihood of getting consent for...

• for a new house in your favourite position on the land
• for a new house somewhere else on the land
• for converting the stable block into a house
• for building a new house on the footprint of the stable block, to the same height as the stable block
• access for people, vehicles and utilities
• any council conditions re parking or other restrictions and/or requirements

* You'll need a TP1 supported by Plans of both the existing reduced Plan and new Title Plan. I strongly advise both a surveyor and a solicitor

* Her gift will need to be valued for Inheritance Tax purposes

sheramber

You also need to consider Capital Gains Tax due by your mother 

BikingBud

canaldumidi said:

Just to re-iterate and add:

*Does she have a mortgage on the property? - lender's consent will be needed

*You can ask the council about the likelihood of getting consent for...

• for a new house in your favourite position on the land
• for a new house somewhere else on the land
• for converting the stable block into a house
• for building a new house on the footprint of the stable block, to the same height as the stable block
• access for people, vehicles and utilities
• any council conditions re parking or other restrictions and/or requirements

* You'll need a TP1 supported by Plans of both the existing reduced Plan and new Title Plan. I strongly advise both a surveyor and a solicitor

* Her gift will need to be valued for Inheritance Tax purposes

As @canaldumidi has mentioned to me one of the biggest things to get clarified would be access, for vehicles especially plant and cranes, availability of electricity, water, drainage/cess pit/soakaway etc; rights and cost for upkeep as at any stage in the future these may present a problem when selling the property.