Considerations when buying land for development

If you are looking to buy land for development, then you need to be aware of any restrictions or issues that may affect the land before you purchase it. These can be things like: Access problems, restrictive covenants or historic rights-of-way that the land is subject to, or it could be related to the condition of the land, e.g. making sure the land is not affected by flooding or is contaminated, all of which can affect the viability of the development. You should also make detailed enquiries as to whether planning permission will be granted for your proposed development and be aware of any restrictions that could result in planning permission being denied. Local councils have local plans which dictate a range of uses and preferences for land development and you need to be sure that your intended use fits into this plan.

The different type of agreements when purchasing land for development

There are three common types of agreements that you can enter into when purchasing land for development: A Purchase Agreement is the most straightforward. This is usually used where the required planning permission is in place and there are no legal or practical issues preventing the carrying out of the development. If you do have concerns over the land you are looking to buy, or if planning permission has not yet been granted for it, a Conditional Contract can be entered into. This allows you to secure the land on the condition that permission is granted or that any other criteria are met. For more complicated land transactions, there are Option Agreements. These allow you to secure the site for a fixed period of time to carry out complex investigations from ground investigations to planning. The price for the land on such agreements can be fixed or the price could be a percentage of the market value of the land once planning permission has been granted.

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Expert legal advice when purchasing land for development

When someone is looking to purchase land for development, a company or individual needs to ensure the land can actually be developed in the way that they want it to. The process involved is the same whether you’re a developer planning a new housing estate or an individual wanting to build your own home.

In either case, it is important you seek legal advice from specialist solicitors who can advise on the purchase of land for development.

How our solicitors can help with the purchase of land for development

At Nelsons, our team of commercial property solicitors can advise on the full spectrum of developments from small plots of land right through to multi-million-pound deals for large-scale developments. We tailor our service to the level of expertise you require to make sure you know exactly what is happening at every stage.

If you are experienced in this area and all you need is someone to handle the legal due diligence for you, then we can take care of that quickly and efficiently for you. Alternatively, if it is your first time, or the development you have in mind is more complicated, we have a team in place with the skills and expertise to advise you and take you through your development purchase.

Our team is supported by our specialist Property Disputes team, which has a wealth of experience and knowledge across a broad range of commercial real estate work.

In addition, the team is also recommended by the independently-researched publication, The Legal 500, as being one of the top teams of experts in the country.

Testimonials…

"With particular expertise in the retail and education sectors, Nelsons...Leicester team is instructed by developers, investors and banks in various matters, including lease agreements, investment purchases, secured lending transactions and property sales."
The Legal 500
"Nelsons Solicitors Limited's varied portfolio of work includes strategic land acquisitions, lease agreements, site assembly and project finance transactions."
The Legal 500
"Its team is approachable, knowledgeable and refreshingly easy to deal with, compared to some. It has a wide variety of expertise and inspires confidence that, if it is instructed to deal with a matter, it will do so promptly and efficiently."
Referee feedback provided to The Legal 500
"Personal service and timely responses set this firm out from others I have worked with..."
Referee feedback provided to The Legal 500 2023
"...They are experienced and technically knowledgeable, yet have a can do attitude and having fully explained all the risks and identifying opportunities they let you get on with making the best decisions for the business."
Referee feedback provided to The Legal 500 2023 (Continued)
"The Commercial Property Team, headed by Riaz Dudhia, is solid from top to bottom without a weak link. They are unfailingly commercial, which is what I want in a law firm."
Referee feedback provided to The Legal 500 2023
"The team at Nelsons in the Commercial Property Dept are experts in their field. The team is led by talented directors who are able to disperse work within their team in order to satisfy clients needs with ease and a high standard of service."
The Legal 500 2023
"The key attribute of Nelson’s commercial property team is the quality and accessibility of the team."
Referee feedback provided to The Legal 500 2024

If you are thinking of purchasing land for development and would like some advice then please contact a member of our expert Commercial Property team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form for a guaranteed response.

Considerations when buying land for development
If you are looking to buy land for development, then you need to be aware of any restrictions or issues that may affect the land before you purchase it.

These can be things like:
- Access problems, restrictive covenants or historic rights-of-way that the land is subject to, or it could be related to the condition of the land, e.g. making sure the land is not affected by flooding or is contaminated, all of which can affect the viability of the development.
- You should also make detailed enquiries as to whether planning permission will be granted for your proposed development and be aware of any restrictions that could result in planning permission being denied.
- Local councils have local plans which dictate a range of uses and preferences for land development and you need to be sure that your intended use fits into this plan.
The different type of agreements when purchasing land for development
There are three common types of agreements that you can enter into when purchasing land for development:
1. A Purchase Agreement is the most straightforward. This is usually used where the required planning permission is in place and there are no legal or practical issues preventing the carrying out of the development.
2. If you do have concerns over the land you are looking to buy, or if planning permission has not yet been granted for it, a Conditional Contract can be entered into. This allows you to secure the land on the condition that permission is granted or that any other criteria are met.
3. For more complicated land transactions, there are Option Agreements. These allow you to secure the site for a fixed period of time to carry out complex investigations from ground investigations to planning. The price for the land on such agreements can be fixed or the price could be a percentage of the market value of the land once planning permission has been granted.