Ensuring the smooth sales of new build residential properties can be a complicated process, which is where a property development solicitor can play a crucial role.

In this blog, we take a look at the key considerations when developing land and dealing with new build property sales and how a property development solicitor can add value in respect of each consideration.

Title checking

A property development solicitor will thoroughly check the title to the land being developed to ensure the title does not contain anything which may restrict or prohibit the land being developed as intended. This involves checking for any restrictive covenants, easements or other things which may burden the land.

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The solicitor will be able to spot any potential issues at the outset of the development and will be able to take steps to rectify the issue or minimise the impact they might have.

Infrastructure agreements

The solicitor will consider what agreements a developer might need to enter into in respect of the essential infrastructure needed on a development. Such agreements include:

• Section 104 Agreements relating to the sewers and the process for adoption
• Section 38 Agreements relating to the roads serving the development and the process for adoption
• Section 278 Agreements where alterations are needed to the existing highway to gain access to the development land

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By understanding which infrastructure agreements will be necessary for a development and instructing a solicitor to deal with them, a developer can be sure that everything is coordinated between themselves, local authorities and utility providers to ensure robust agreements are in place.

Planning considerations and Section 106 Agreements

Compliance with planning conditions and obligations imposed under Section 106 Agreements is vital. A solicitor will be able to ensure that a developer fully understands their obligations under the planning permissions relevant to their development and under any Section 106 Agreements they may be required to enter into.

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Planning obligations and obligations imposed under Section106 Agreements can be complex and tricky to keep track of. A solicitor will be able to explain the obligations to a developer in full using clear language which is easy to understand. This will ensure the developer is confident both in what their obligations are and how they will ensure compliance with the same.

Collating plot sales contract pack information

For all new build plot sale developments, a comprehensive contract pack needs to be created. The pack will contain all the information a buyer’s conveyancer needs to enable them to title check and provide a full report in respect of the property being purchased. The work in creating a contract pack includes:

• Drafting precedent documents for use on the plot sales, including contracts, transfers, deeds of covenant and any other documents which might be required
• Pulling together all relevant information relating to the development site, such as planning permissions, deeds of easement, Land Registry estate layout approvals and management company information.

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By creating a comprehensive contract pack containing all relevant information at the outset of a development, a solicitor is able to provide all the information necessary when the properties begin to sell. This ensures a smooth sales process as the buyer’s conveyancers should have all the information they need to proceed without raising too many enquiries.

Considering the framework for ongoing maintenance of the development

If a new build development benefits from public open space (POS), a residential development solicitor can suggest ways in which this POS could be managed in the future and can ensure adequate maintenance provisions are in place at the outset of the development prior to plots being sold. The solicitor will be able to include relevant provisions in the plot transfers regarding the management company obligations and obligations on the plot buyers to pay service charges to the management company to ensure the continued maintenance of the POS once the developer has exited from the development.

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By considering how any POS on a development is to be dealt with at the start of the development, a solicitor can ensure that appropriate frameworks are established to ensure the ongoing maintenance of the POS. Having this framework in place at the start of the development ensures all parties are clear as to their obligations and enables a developer to exit a development on completion of the plot sales.

Final thoughts

Clearly, there are a number of things which need to be considered when setting a residential development up to enable plot sales to take place as smoothly as possible, and where necessary to ensure the ongoing maintenance of any public open space on a development once the developer has competed works and left. A property development solicitor can play a vital role in ensuring all aspects are thought about and dealt with as early as possible to enable developments to run as smoothly as possible from inception through to post completion.

Here at Switalskis we have a specialist Property Development team who will be able to assist with all elements of residential site set up and plot sales, together with transfers of POS to management companies. Contact us today – 0800 1380 458 or email help@switalskis.com