From residential homes to public open space the significance of correct plans cannot be overstated. The implications of inaccurate plans is often overlooked. Let’s explore why getting the plans right at the outset is crucial for any new build development.

Where plans can go wrong:

Individual plot plans : discrepancies in boundaries between plot plans to physical boundaries are an all too common issue which causes delay and sometimes costly implications. The impact of even a small boundary error can be significant and soon escalate to affect other surrounding plots, create access issues, potentially cause delays in registration at Land Registry and problems for the purchasers upon resale. It is essential that the boundaries detailed on the plans correlate to the physical boundaries we see in the real world.

Estate plans : a well prepared estate plan is at the heart of a successful development. Ensuring that you have an accurate plan is one of the most important tasks at the start of a development and acts as a blueprint for the entire development. Getting this wrong can mean that the developer is left with sections of land still within their ownership or worse areas of land required for development being transferred to a purchaser, leaving the developer with the costly task of rectifying the position.

Estate layout approval : for efficient sales and registration of plots Land Registry approval of the estate plan is obtained at the start of the development. This creates a smoother process for registration for purchasers. Any discrepancies between plot plans or physical boundaries of a plot and the estate plan would be noted at the point of registration and would cause unwanted delays and further queries being raised. Where discrepancies are revealed Land Registry may withdraw approval of the estate plan and this can potentially delay current and future plots sales whilst the discrepancy is considered and resolved. The importance is clear, should there be any change to the estate plan, Land Registry should be informed quickly.

Transfer of managed areas : it is usual for a plan detailing the areas to be transferred to a management company at the end of a development to be agreed with the management company ahead of the development. Therefore a dispute between the developer and management company at the stage of transferring these areas can be easily avoided if the plan agreed at the outset is correct. Again if any amendments to the plan are required during the development it is crucial that consideration is paid to how these alterations affect the managed areas and that the plan detailing the managed areas to be transferred on completion of development is also updated.

Changes during development : it is understandable that for some developments plans may need to be updated as the development progresses. As just discussed there are many areas that can be affected by even the smallest of amendments. If any update is required thought should be given to what the change could impact and what other plans will also need to reflect the change. A valuable question to be asked is whether any changes have been made to plots that have already legally completed. The consequences of changing boundaries on completed plots is significant as once registration at Land Registry has completed the plot plan cannot simply be updated. Caution should be exercised here with careful consideration of the development layout and plans to avoid the potential of costly repercussions.

Other benefits of generating accurate plans at the outset:

Time and cost: as already touched upon the impact of the slightest of changes to a plan can have costly and time consuming consequences. Depending on the stage at which  a mistake is highlighted the implications can range from relevant parties needing to be informed and new plans provided, to a developer finding that land has been transferred to a plot buyer in error.

Reputation : for purchasers plans provide confidence and clarity about what they are purchasing. This transparency is essential to promote trust. It would be an unwelcome surprise to a purchaser after legal completion if their property is not what they believed to have purchased.

Preventing future disputes: correct plans are essential for detailing the extent of property boundaries. Incorrect plans can lead to future disputes between purchasers and their neighbours or even between the developer and third parties.

Top tips to keep in mind:

• Generating plans for a new build estate requires careful consideration of various factors. Here are some top tips to help ensure your plans are as effective as possible:
• Make sure that plot plans are easy to interpret so there is a clear understanding of what is being purchased
• Have a good understanding of the site and what you want to achieve. There are multiple plans required on a new development which need to work together effectively and so it is crucial that the boundaries align on each of the plans
• It is important that all areas of the developer’s land are considered so that when development comes to an end the developer is not left with any unwanted land left in their ownership. Ensure that all land is allocated to be transferred a plot purchaser, to the management company or is to be adopted by the local authority
• Remember to check that all plans clearly identify any separate garage or parking space to be allocated to a plot and is included within the extent to be transferred
• Any alteration to plans must be discussed with your instructed solicitor so that any rectification required can be undertaken as soon as possible and all parties informed.

By investing time into creating accurate plans developers can ensure a smooth and efficient development project with fewer costly surprises.

We can tailor our services and provide bespoke assistance, whether you need expert legal advice on a specific issue or comprehensive support throughout the development. Contact us to find out more. Call 0800 138 0458 or email help@switalskis.com