Things to consider when buying land for construction

To understand what you need to know prior to purchase of land for construction, it is important to consider the construction process in order to prepare. Construction projects can vary in type and scale, depending on the location, and can involve the need for specialist advice. Not one project will be exactly the same.

This article will discuss the actions you should carry out or be aware of prior to the purchase of a plot. The searches you carry out prior to purchase will inform on the design phase of your project, and will potentially affect the way your structure will look upon completion.

1. Site surveys and investigations

Site surveys determine whether the land you are buying would be suitable for construction. When you amongst others purchase land, searches are normally completed prior to completion to ensure it is habitable and reveal potential problems which may arise. When purchasing land for construction you will need to ensure searches are focussed on whether the land itself is compatible with the building project you would like to erect.

Site surveys assess the ground content for things like contamination and flood risk. This is different from an environmental search. The site survey is geared toward construction, whereas an environmental search is standard across conveyancing practice. They perform in a similar way to ascertain the features of the land and whether it is suitable for construction.

You will need to conduct searches to ascertain whether you have available utilities to carry out the works you need to. This will be to ascertain how your project will connect to the mains supply for water and where the electricity points will connect for both the build works and upon completion with relation to your design and structure.

Water and drainage searches, for instance, are important when constructing on land. This is because before purchase, and prior to the design phase of your project, you will want to know how your project will connect to existing sewerage systems, and how your structure will connect to a water supply. This will inform on the design phase.

Common searches include:

• Water and drainage search as part of a wider utilities search
• Local Authority search
• Environmental search.

2. Easements

In determining the source of available utilities to your project, it is important to bear in mind some legal restrictions which may impact your project. Easements are restrictions, or rights , placed on the land by a third party prior to the transaction upon purchase. Although easements are commonly associated with rights over land, you can also have easements over aspects such as water and electricity supply.

If the land you are buying is not straightforwardly connected to a water supply, electricity, gas, and sewerage, then you (as developer) will have to request for the land to be connected. This comes with associated costs and is termed ‘requisitioning’.

One easement which may not be so obvious is a right to light. If you are intending to construct on a piece of land which has never had anything constructed there before, it will be important to consider neighbouring plots and potential infringements of their right to light. This could inhibit your ability to erect structures to a certain height.

Where the existing third party rights over land cannot be fully ascertained, you will need to indemnify your purchase with the appropriate insurance.

3. Civil engineer

The role of the civil engineer (also known as the structural engineer), and is to ascertain whether the land you intend to develop your structure on is suitable for the design you will develop. This will include linking into the ground survey, and site survey.

Civil engineers are part of a wider construction team, often called consultants, and who will inform on the design phase. It would be prudent, however, to maintain these considerations prior to purchase. These consultant appointments might include:

• Mechanical and electrical engineer
• Architect
• Civil engineer.

You might require more specialist consultants the further along in the design phase you become, depending on the complexity of the project. It will be important to take advice from a civil engineer to anticipate potential problems with the land, and to anticipate any potential specialist appointments you might need in order to bring your project to fruition, and with consideration of the specific characteristics of the plot you are purchasing. This may affect your decision to purchase.

4. Occupiers liability

It is important to be aware of your potential liability under the Occupiers Liability Act 1984 which can be enforced where hazards have been unearthed when constructing your project. This refers to the duty you owe to trespassers on your land. Upon purchase, it will be key to consider the risks involved, and the potential hazards there might be in the construction phase in order to mitigate the risk of a claim under this Act.

Claims might include, for instance, where the land is contaminated, and you have disturbed the land, causing a hazard to potential trespassers. As the landowner, you are responsible to taking appropriate precautions, and you are liable as the occupier. An ‘occupier’ is defined as anyone who has significant control over the land. Landowners should therefore ensure they have appropriate public liability insurance, a key consideration if you are buying land where there is an unknown possibility of hazards.

5. Contamination

It will be important to determine whether the site is suitable for construction with extra-special attention given to contamination which can be detrimental to a project. Japanese knotweed is a type of plant, or more appropriately a weed, which is invasive and can have hazardous effects to your construction project. If this is discovered on your site, construction will have to stop immediately and a survey conducted. It can spread through clothing, equipment and vehicles.

Contaminated land will likely be picked up by the usual searches undertaken, including the Local Authority search and environmental search. Contaminated land can be remediated upon development, but others cannot be. It is important to identify which of the two your land comes under before you purchase land for construction. Contaminated land can be identified once the pollutants are discovered, but some activities can mean that pollutants are released.

If you have any queries surrounding what to consider before you purchase land for construction, please do not hesitate to contact our specialist construction team.