Hi Rainie, if it were me, I’d be most concerned about the septic system (making sure the property passes the perc test, if it’s not located near a sewer system), making sure it’s not in a flood zone, and making sure the property is zoned properly for the type of house I want to build. Judging by the fact that there was a house on the property before, you probably won’t find many surprises here… but it’s always good to verify.
Planning Consent. This will be needed before development is begun, but who obtains it is a question for landowners. Embarking on the planning process at your own risk can pay off, but it is a gamble and we recommend that you speak to either a surveyor, a planning consultant or a planning officer at your local authority to get an idea as to whether or not an application for consent for development would be successful. Many such applications will go to appeal. Is the planning consent you obtain going to be the one developers need? This is why many landowners enter into promotion agreements or conditional contracts which oblige others to apply for planning, as they often have a greater chance of success on the right terms. Be aware though, that extensive price negotiations can take place once planning consent is obtained, and the actual net development area can be calculated. This will take into account any ‘extra’ costs such as wildlife surveys or ground investigations that are required as a result of the planning conditions.

Mortgagee’s consent. If your land is subject to a legal charge you will require the lender’s consent to the sale. If you are selling off part of a larger parcel of charged land you will need to obtain a release. This might mean the renegotiation of your financial arrangements, which again, is sensibly addressed early in the transaction. Speak to your relationship manager and your solicitor.


Your responses is truly encouraging. I am Construction Manager, starting out in development. I could really use your insight or how to begin. I want to build an resort, a place where families can come with all the amenities that you have to pay leaving the state of NY. With Executive suites for out of state executives. some rooms, some kitchenettes and E. Suites. Anyway, I found this great location, went to the town to see who owns the land. It is in a commercial area. I have a broker who will reach out to the owner for the sale. What would you suggest my next steps should be; get the property, get it survey, have a design prepared. I want to get investors on board. What would you suggest, I have for pitching my proposal to investors. I currently work with Architects, Engineers and they are willing to support me in this project. Just not sure what my next step should be. Any recommendations.


Hi Noam – I don’t check them all, every time. Many of the issues can be immediately ignored based on where the property is located, it’s size, and what it would most likely be used for, etc. For example – if a property is in a mountainous region, flooding will almost never be an issue. If the property isn’t ideally suited for building, then utilities and septic don’t matter. You get the idea.
After identifying your likely buyers, try to think like them so you can focus your message to convey what they need to know about your property. Have information ready about schools, shopping and other nearby amenities. For developable land you can be prepared with zoning information and insight from local authorities about the location and capacity of water and sewer service. Each property is different, so customize your information for your situation and your targeted buyers.
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