HOMESite MapAbout Martin & TV Info BlogProperty SiteProperty TrainingCorporate & CharityBeer SongMartin's BooksContactVideo Advice
 Martin's Blog 
Thursday, 03 June 2010

All too often, fantastic investment properties get overlooked in the auction catalogue because they don't look that appealing when judged by themselves. Yet, by reading the small print, or better still, taking a drive-by viewing of the lot, it could be revealed that the real value is not in the property itself but the garden. Houses with huge gardens should scream ?building plot' - and the land may well be worth more than the property itself.

So, what if you want to buy a house with a large garden and build another property(ies) in the grounds? What are the issues?

1. It's fair to say that you may not be your neighbour's best friend if you decide to build in your back garden. If you have lived in the same house a long time and so have your neighbours, you should prepare yourself for some complaints. Manage their expectations by talking through what you propose to do and how it may impact them. You may consider joining up with other neighbours and each offering part of your garden for sale - a potential site for several homes can be worth far more, proportionally, than a plot with room for just one.

2. It is difficult for planning authorities to resist applications to build houses in back gardens, thanks to planning guidelines which obliges houses to be built at higher densities then in the past. So, this is particularly relevant if you already own or intend to buy an older property - built in days when land wasn't so sought after.

3. Access to the new house will be of primary importance and if an application for planning permission is turned down, it is usually because access to the site is difficult. The ideal building site has frontage on an existing road. As little as 30 ft to the side of your house can provide enough land for a new house, although planners will look at the density of the existing houses in the street to see that any new building is in keeping. 

4. If the bulk of your garden is to the rear of the house, all is not lost, however - so long as there is some means of creating access to the road. This may mean getting together with a neighbour and sharing the profits from the development. You have to be careful, however, that the access road you create cannot also be used for subsequent developments in neighbours' gardens. Otherwise the developer, having bought your garden, will knock on your neighbours' doors and buy several back gardens. If this happens, the access road beside your house, which you thought was only going to be used by one household becomes the way into a development of 30 homes.

5. The way to prevent that happening is not to sell the land to be used for the driveway to the new property. Hang on to ownership but grant a right of way - or "easement" - to the new house. Access cannot then be used for other houses without your granting further easements.

6. Be mindful that you may not be exactly sure how the development will change the landscape of your street, or impinge on your own privacy, until it is actually built. There have been cases where several owners have clubbed together and sold part of their gardens for development, only to find that their services were compromised because of the extra drain on them. Cases such as baths no longer draining properly because the existing drainage systems could not cope with the extra load might be rare but you can't rule this sort of thing out.

7. Protect your scheme by taking out a ?restrictive covenant' if you are worried that the eventual development may not be what you have in mind. i.e. a developer buying your garden with planning permission for say, a small bungalow and then resubmitting an application for a large house(s). A restrictive covenant might limit the building to one storey and to a particular size. If a developer wishes to build bigger he will then have to ask you and the planning authority for permission. Be aware however, that whilst restrictive covenants will protect you, the more restrictive covenants you put on a plot, the more they affects the price you will receive.

8. Prepare yourself for the fact that a developer may try and make you sell your house as well as the portion of garden. The developer may make a calculated decision that it is more economic to buy your house as well as the garden and demolish it to rebuild more properties. This can seem very heartless to you - particularly if you have lived in the property for a long time or it has strong emotional ties.

How much to sell for?

As a rule of thumb, developers expect to pay one third of the value of the finished development for the plot. So, if a £150,000 house can be squeezed into your back garden, you should think in terms of receiving £50,000.

The effect on the value of your own property is less certain, and will depend on how much garden is left, and to what extent the new property will affect your home. If you live in a five-bedroom home and the sale of a building plot will leave you with no more than a patio, you could find your house extremely difficult to sell.

POSTED BY: AT 09:37 am   |  Permalink   |  E-mail this
Thursday, 20 May 2010

The idea of building in a National Park might sound pretty daunting unless you are an experienced property developer. Certainly, there is a perception that there will be an awful lot of red tape and no guarantee that planning permission will be granted at all! But for those brave enough to venture down this route, it may be that things aren't as complicated as they sound - and just as elsewhere in the country, even National Parks have a need to provide affordable housing for its residents. Needless to say, if planning permission can be obtained, the finished homes are likely to benefit from beautiful surroundings and potentially breathtaking views.The idea of building in a National Park might sound pretty daunting unless you are an experienced property developer. Certainly, there is a perception that there will be an awful lot of red tape and no guarantee that planning permission will be granted at all! But for those brave enough to venture down this route, it may be that things aren't as complicated as they sound - and just as elsewhere in the country, even National Parks have a need to provide affordable housing for its residents. Needless to say, if planning permission can be obtained, the finished homes are likely to benefit from beautiful surroundings and potentially breathtaking views.

The idea of building in a National Park might sound pretty daunting unless you are an experienced property developer. Certainly, there is a perception that there will be an awful lot of red tape and no guarantee that planning permission will be granted at all! But for those brave enough to venture down this route, it may be that things aren't as complicated as they sound - and just as elsewhere in the country, even National Parks have a need to provide affordable housing for its residents. Needless to say, if planning permission can be obtained, the finished homes are likely to benefit from beautiful surroundings and potentially breathtaking views.

I came across a case of a plot of land in the Brecon Beacons National Park where planning had been previously refused but the purchasers who secured the lot at auction were confident that they would be able to get full planning permission to build a small number of houses.

It's fair to say that planning in National Parks is a careful balancing act. The National Park Authorities have to meet the needs of those who live, visit and work in each National Park and protect these areas for the future. At the same time, they have to make sure the plants, animals, wildlife, landscapes and buildings are not lost to the next generation.

Predictably each National Park Authority has different planning policies and processes - and it's best to check the local rules before embarking on any project. There are now 15 National Parks in England, Wales & Scotland and the best thing to do is to check online at www.nationalparks.org.uk where you can find links to the website of each National Park.

Generally, however, the main points to be taken into consideration will be:

  • You should undertake a thorough assessment of any site you wish to develop, to ensure any new buildings will complement the character of the immediate area, including existing buildings, their settings and the spaces between them. It is important not to just look at the site itself, but also to take account of the architecture of buildings and townscape in the immediate vicinity.
  • You should explore the history of the site they propose to develop as it may be of archaeological importance. The National Park Authority will consult the Historic Environment Record which they hold and maintain.
  • New buildings should be of an appropriate size, scale, style and design, reflecting the context of their location, so that they fit in with the existing townscape of the immediate area. They should be in harmony with, or complementary to their neighbouring buildings.
  • Existing buildings of special architectural or historic interest and character and which are redundant, should be retained. The best future for redundant buildings is re-use or restoration so that they can continue to contribute to the character of the area.  Generally speaking any proposals for the demolition of important old buildings will be resisted.
  • Developers should seek to use traditional local materials. This will vary between the different National Parks but the relevant National Park Authority will be able to suggest the most suitable materials for wall, roofs, windows and doors.
  • While it is not expected that new buildings should slavishly follow existing old buildings in their design and architecture, they should complement them in the use of materials and design, unless the existing buildings are in themselves of a poor design and out of character with the Conservation Area.
  • Historic spaces and important views must be preserved. For example views along streets, taking in old buildings, walls and mature trees should be preserved. Green spaces within the Conservation Area should be protected, as should important spaces between buildings.
  • Owners of existing old buildings within a Conservation Area should seek to retain the features which make their buildings special. For this reason, UPVC windows and doors should be avoided in old buildings. A well-maintained property with proper attention to details and character can enhance its value and contribute to the overall appearance of a Conservation Area.
  • Existing road frontages, building lines and boundaries should be protected, as these are often critical elements of the existing Townscape character.
  • Trees make a significant contribution to the character of a Conservation Area. Proposals for new development will be expected to retain mature trees and incorporate them within the proposed development unless an acceptable justification can be made for their removal. Six weeks notice in writing to the Trees and Woodland Team must be given before a tree is lopped, topped or felled.   
                       
  • New shop fronts should be sympathetic in their design to the character of the Conservation Area and traditional shop fronts should be retained where appropriate.               

So, the for our developers in the Brecon Beacons, they will have to comply with the local National Parks Authority policies but anyone considering buying or moving into a property that is in a National Park should assess the property to ensure it will meet their needs without making significant alterations or changes which could harm its character and appearance.

POSTED BY: AT 08:02 am   |  Permalink   |  E-mail this
Thursday, 04 March 2010
Of course, many of the properties that we feature in Homes Under The Hammer are being bought by people who have plans to renovate, convert, demolish or rebuild the existing property - with ideas to breathe new live into the home as diverse as the purchasers themselves. One thing that is common to all of these stories though, is the need for Planning Permission - and this is where a project can become unstuck if the local planning department don't share the same vision.

Planning has its own rules. Unlike building regulations, planning regulations are not set in stone. They can differ from one part of the country to another - because planning involves local politics. There can also be inconsistencies between planners in one authority so it's no wonder that the matter of planning permission can be the ?great unknown' in a redevelopment project.

Many people ask me about their chances of securing Planning Permission on a specific project - a question which is almost nigh on impossible to answer, but I can at least give some general advice.

1. Get Permission First

It might sound like I am stating the obvious but don't start to do any major work until you have completely sussed out what planning permission is going to be needed and make that your priority. Applying for planning permission retrospectively (i.e. after you have done the work) is a risky game because in the worse case scenario, if it is refused, you could have to totally demolish the work that you have done.
You can make a planning application on any piece of land in the country - you don't have to actually own it, so if you are considering buying a plot or property with the intention of developing it, you could go down the route of securing planning permission before you buy the property.

2. Understand Building Regulations

Even if you don't need planning permission, building regulations approval may be necessary. These set out minimum requirements for structural integrity, fire safety, energy efficiency, damp proofing, ventilation and other key aspects that ensure a building is safe.  Consider this ?good practise' but it will also influence the eventual value of your home. Work done that doesn't meet building regulations could deter would-be buyers.

3. Design to Suit the Plot or Existing Property

It's a bad idea to set your heart on a particular size, style or design of house or extension.  If you're building a house from scratch, suitable land is so scarce that you will almost always have to design a house to suit the constraints and opportunities of the plot.  If you are extending an existing building, you should ensure that the new bit fits in with the existing structure in terms of design and materials.  Something radically different from the present structure could struggle to get planning permsssion.

4. Know When to Employ a Professional

There are professional firms who will act as consultants throughout the process of applying for planning permission. Whilst it is re-assuring to know that you have professionals ?on your side', don't fritter away essential budget on these services if you don't need them.

You can locate a planning consultant through the Royal Town Planning Institute's online directory (www.rtpiconsultants.co.uk) or you can also contact Planning Aid. Planning Aid is a charity which provides free and independent advice on town and country planning issues to people and groups who cannot afford consultancy fees.

If you are planning a straightforward extension, you may be quite capable of obtaining planning permission yourself. Successful building is getting the right balance between using the professionals and doing it yourself so that you keep control and understand what's happening. 

5. Know the Rules of the Game

If you are new to this game, its rules can be quite confusing. Small-scale planning decisions for individual houses or extensions are based mainly on policies that are contained in local Development Plan documents. You can familiarise yourself with these since they are public documents to get a feel for what sort of planning or development is going to be favoured.

6. Cover all bases

You can actually submit an infinite number of planning applications on any one site, so within reason (since there is a cost for each application) you could submit several proposals and choose which one to use depending on the outcome. As long as the planning permission is still current when you start the work, you don't have to use the most recent.

Similarly, you can withdraw an application at any time - so if you think you are going to get a refusal, you can withdraw it at any time up to the day itself, and then resubmit free of charge.

7. Love Thy Neighbour

Whatever the size of your building project, keep the neighbours informed. Neighbour objections can cause you a real headache and may have an impact on the final decision.  The best thing is to go and have a friendly chat with them very early on in the process so that they are party to your thoughts.

8. Know the Party Wall Act

And talking of Parties.If you're extending, demolishing, rebuilding or infringing in any way on the Party Wall, conforming to the Party Wall Act is a legal requirement and not a planning or building control matter.  For more on the Party Wall Act, visit my property website, www.makingmoneyfromproperty.tv

9. Beware of Removing Trees

It is a criminal offence to cut down a tree which is protected by a Tree Preservation Orders (TPO). You cannot alter or even prune a tree that has a TPO on it without written permission and doing so can result in heft fines. All trees within a Conservation Area are protected by legislation.

10. Do Your Homework!

Do your research before you start to avoid any horrible surprises. If your project involves a considerable amount of renovation, or if you are planning on building a property from scratch, make use of the information available online and at property exhibitions and shows. There's a lot of information which is free.

POSTED BY: AT 08:15 am   |  Permalink   |  E-mail this
Thursday, 11 February 2010

I was filming in Wiltshire recently where the story was about two property developers who had bought a small plot of land with the intention of building a house on it. One of the things that was highlighted as being a potential hurdle to their development, was that they are required to carry out a Great Crested Newt survey.

Protected Species

Great crested newt (Triturus cristatus) is one of the six species of amphibian (living both on land and in water) native to the UK, and is a European Protected Species. They are legally protected under the Wildlife and Countryside Act 1981 (as amended), and by the Habitat Regulations 1994, due to their scarcity in mainland Europe and vulnerability to development. As such it is an offence to kill, injure, capture, or disturb great crested newts, or to damage or destroy their breeding sites (e.g. ponds) or habitats.

Many of these protected species are relatively widespread and some are commonly encountered during development projects. Planning permission is likely to be refused if baseline data about the presence of protected species is not adequately addressed and failure to consider protected species could result in delays, unexpected financial cost and even prosecution. So its something to be taken seriously.

If there is a risk that a protected species is 'resident' on the plot that you wish to develop, you are likely to be required to have an appropriate survey carried out to establish the extent of the population.

Great Crested Newts

In areas where there is a potential prescence of great crested newts, i.e. if there is a pond within 500 meters of the proposed building site a survey must be carried out prior to plans being submitted (and plans will not be passed wihtout the survey having been done).

The survey (which is carried out by the Wildlife Trust) can only be carried out from mid-March to mid-June as this is considered to be the least harmful period in the year - Great crested newts hibernate during the winter months, in places such as log piles or tree stump voids, returning to aquatic habitats during the spring to breed. This timing constraint is an important consideration if you are planning to develop in an area that is likely to be affected. Newts also use terrestrial habitats such as grassland, woodland and scrub to forage and find shelter during other times of the year.

Surveys

Great crested newt is a species for which the timing of surveys is tightly seasonally constrained, being restricted to mid-March - mid-June, when adults are in breeding ponds. Surveys undertaken outside of these optimal times are generally considered to be inconclusive. 

The survey usually consists of 4 x morning visits and 4 x afternoon visits and if there is a newt presence detected, you will need an additional 2 x morning visits and 2 x afternoon visits in order to estimate the population.

Once the population is confirmed, you will have to do an 'offence calculation' i.e. if you are going to be causing death to newt or harm them or their land or water habitats, then you will need to apply for an European Protected Species License. This is granted by Natural England on the basis that you have carried out certain measures to ensure that no newts or their land or water habitats will be harmed by the building work.

The license doesn't cost anything but it is a complex and detailed document and many applications are rejected upon first submission as Natural England are very particular about what is required.

You would be required to trap the newts and remove them from the area and then erect a temporary exclusion fence around the area to stop more coming in.

If you have to disturb a pond, you must build another one to provide a new habitat.

More information about how to deal with great crested newts and other protected species can be found at www.naturalengland.org.uk.

POSTED BY: AT 08:13 am   |  Permalink   |  E-mail this
Thursday, 10 December 2009

I think it is fair to say that the euphoric rise in the number of people purchasing property abroad that we were experiencing a few years ago has waned considerably in the aftermath of the credit crunch. That's not to say that it is still an appealing venture for many UK investors wanting to have a holiday home abroad. However, following numerous 'scandals' and plenty of stories of unsuspecting buyers coming unstuck, the overseas property buyer of 2010 is a far more diligent animal. Forewarned is forearmed - protect your purchase by avoiding these common buyer mistakes.

1. Not using an independent lawyer.

This has to be number one on the list! I am amazed at the number of people that I have come across over the years who seem to have left their sanity at the airport when they jumped on a plane to take part in an overseas 'Inspection Trip' and forgot to instruct a good independent lawyer.

Your lawyer is an invaluable asset in the buying process and it is important to enlist one that is on YOUR side. They will not only act as facilitator, but often as an interpreter between sellers, buyers, banks, agents and notary offices. It is important therefore that they are completely independent from your developer or agent, with no financial interest in your property purchase. Many people have made the mistake of thinking that the notary included in their purchase cost is a suitable substitute for hiring a lawyer. But notaries perform a very different role than that of a lawyer. They will be working for the government and will legally oversee the property transaction from start to finish to ensure that everything is done within the state's guidelines - they won't warn you about unfair clauses in the contract or advise you in any way.

A good lawyer, however, will look after your interests and do all the necessary checks like a a solicitor acting for you on a UK property purchase would such as checking planning, licences, transfer documents, title and advising you on inheritance law. Don't be pushed in to appointing the 'chosen' lawyer of the developer or agent. Whilst there is the argument that this lawyer may already be familiar with the property and there are economies of scale applying since all other purchasers are using the same firm, it is unlikely that they will be on your side completely. Having an independent lawyer not only provides you with legally binding security, it also ensures that your best interests are being protected.

2. Signing Contracts too Early

You may come under pressure to sign the Preliminary Contract in respect of your purchase - particularly if you are buying a new build property from a developer who may have strict rules on the amount of time you are allowed between expressing interest in a property (and effectively taking it off the market) and signing contracts.

Don't confuse the Preliminary Contract with the reservation agreement. This is something that you will be asked to sign early on in the process when you want to put your name down against a particular property. It is quite common for the Reservation Agreement to be signed whilst still in the UK or during an Inspection Trip and it is there to provide assurance to the developer that you are seriously interested in the property. It is usual to pay a holding deposit at the time of signing the Reservation Agreement (typically around £2000) but you should be clear about under what conditions this deposit may be refundable - very often it isn't!

When you sign the Preliminary Contract, you will usually pay the deposit (which can vary from 10% to 40% depending on the developers terms) and since you are at this point committed to buy, this is not returnable.

You should always check the terms of any refund policy on the Reservation Agreement and only sign the Preliminary Contract once it has been thoroughly checked out by your independent lawyer.

 3. Developer in Breach of Contract

If the terms of your contract have been broken - for example, if your property is finished later than expected - then you may be entitled to compensation. However, even if you know the work will not be completed by the agreed date, you will have to wait until after this to make a claim. The amount of protection you have in this type of situation depends on the terms of your contract - and specifications in contracts can be quite vague. Make sure your lawyer checks through the contract thoroughly and that you understand the full implications of a breach in the contract before you sign it.

Another scenario that British buyers have faced when buying abroad, is the developer actually going bankrupt before completing your property. If this happens, your course of action will depend on the type of guarantee stated in the contract. An 'extrinsic' guarantee means that the bank has accepted joint liability with the developer and therefore has a responsibility to complete the project. An 'intrinsic' guarantee, on the other hand, simply promises that the developer will refund any money paid if they are unable to complete the project. However, the harsh reality is that if they go bankrupt they may be unable to give you a refund.

You should get your lawyer to check through contracts fully and any guarantees that they come with before you sign.

4. Unrealistic Budgeting

Leveraging can be a great strategy in a rising market but it is important that you are aware of the risks and don't over-leverage your investment. Taking out a mortgage that is the limit of what you can afford could be dangerous if property prices fall. In this situation, you could end up in negative equity, or even lose your investment. Don't assume that if a mortgage is mentioned, that you will get it - lending criteria in other countries can be more restrictive than here in the UK.

Renovations on a property can often end up being more expensive than first thought, so it is important to factor these in when considering a property. Buying a property abroad has numerous additional costs, which are easily forgotten by buyers when considering their budget. There are fees for agents, lawyers and notaries as well as purchase taxes which can add another 10- 15% onto the purchase price of the property.

5. Whose House Is It?

With agents and multiple companies involved in overseas house sales, it can be a challenge to work out who the 'seller' actually is. Agents can often seem like they are selling a property, when in fact they are doing so for a third party. Due to this, unsuspecting buyers could end up paying for a property that ultimately they don't own. This situation could be avoided by getting a lawyer to check through the paperwork and contract before you sign. If the seller doesn't infact own the property or the land, a lawyer can inform you of this and the reasons for it. Having the appropriate planning permission is no longer something to feign ignorance about as a foreign buyer, so it is important that the relevant checks are done before committing to the purchase.

POSTED BY: AT 11:55 am   |  Permalink   |  E-mail this
Wednesday, 04 November 2009

I recently visited a cottage in Cornwall which had a shared access driveway with its neighbour. This is not an uncommon occurence and in most cases, having to share a driveway, pathway or hallway doesn't cause any concern for either party, but even so, it's worth knowing what your rights are.

What types of Shared Access occur?

There are differant situations where shared access is likely to be case.

  • Shared access - This is where part of a driveway is shared between two or more properties, or, most commonly, when flat-dwellers share a hallway and stairs.
  • Access to other properties - This happens when someone needs to reach their property across yours; for example, a barn conversion where the farmer who owned the land wants to retain access to his fields.
  • Easements - This is when there is a short cut across your property to a neighbour's house, garage or garden which they may or may not use. Easements can also refer to a neighbour's right to access drainage systems, water supply etc used by them but running under your land.

Ensure that there is a clear formal agreement in place about any easements, shared access or access rights to other properties. If theres is an informal agreement, you will need to get this formalised if either party intends to sell so it's best to get something properly drawn up - You may not mind being the one who always weeds the shared path but a future owner might not be so generous.

If your property has shared access i.e. you share a driveway, footpath or hallway with your neighbour(s), or you are considering buying one that does, then you need know:

  • Who owns the access? In the case of our Cornish property where two houses shared the driveway, the ownership was 50:50, but this isn't always the case. The access rights for both or all parties should be written down in the Title Deeds of the property
  • Whether the access is an established right of way. If so, there are certain obligations placed on you as the owner (see below)
  • Who is responsible for its upkeep?
  • You need to know if you will be expected to gravel the lane or clean a lobby, or if you are expected to pay someone else to do this. Ask if there is any legally binding agreement about upkeep and costs. Make sure you know what your part in this deal will be.

If you share any access, you have to be considerate of others' needs and wishes. Nobody is going to object if you weed the shared drive or vacuum the hallway daily but do not expect to be thanked. Do not overstep your rights by changing anything without full consultation with the person with whom you share access. You might think the hedge is too wild or the hallway light-fitting is incredibly ugly - your co-owner might not.

Footpaths and Rights of Way

Footpaths are often ancient ways that have been established as rights of way over hundreds of years. They originated when walking was the most common way for people to get from A to B. Many footpaths run across people's land and sometimes through their gardens - so, anyone stepping off the track is techincally trespassing.

As an owner of a property with a footpath, remember:

  • It is up to you to ensure that the way is clearly marked ;
  • It is illegal to try and block the footpath or divert it without permission ;
  • It is extremely difficult, time-consuming, sometimes impossible and usually very costly to get a footpath diverted. You have to apply for it to be given an alternative route under the Highways Act (1980).

Having a footpath or right of way running through your property may not necessarily be so bad - but if you are considering buying a property that has such, you are advised to do abit of research. It's worth walking the path yourself and see where it goes to and visiting the property to physically inspect the pathway will give you some clues as to how much of a inconvenience it is likely to be - If the path is badly overgrown, you can almost guarantee it is used infrequently and vice versa.

Any rights of way on to or across your land should be highlighted in the Legal Pack and if you inspect this prior to purchase, you should get a clear idea of what rights you have etc. Even if the current owner says it is an unused right of way or footpath, be prepared for someone to start using it. 

Be aware that a footpath or right-of-way running through your garden, particularly if it is within sight of your home, will devalue the property.

POSTED BY: AT 11:07 am   |  Permalink   |  E-mail this
Thursday, 01 October 2009

Auctions are generally associated with older, individual properties or land developments and people don't think of them as a place to buy a new build property. Any why would they? Historically, developers have been very successful at selling their new developments (very often Off Plan) and didn't need to enter the auction scene looking for prospective buyers or investors. But times are a changing...

 

During the boom years, new build property could command premiums (not discounts) of 15 - 20% for the fact that these homes are more energy efficient and have modern kitchens and the latest gadgets. Many people like the thought of owning a property that is brand spanking new and so developments were usually sold out before they were finished.

This is clearly no longer the case and you don't have to venture far to come across new build projects that have been stalled due to the credit squeeze. Developers who have enormous amounts of capital tied up in unfinished projects, are strapped for cash and so are now offering huge discounts and incentives to get stock sold and cash flow moving. I've seem discounts of up to 50%+ being offered by developers just to get inventory off their books, but will this continue?

Some developers have resolved an oversupply issue by turning a development into affordable housing for owner-occupiers, with the help of shared ownership or shared-equity schemes.
- Shared ownership allows you to buy between 25 per cent and 75 per cent of a new-build property. You have a mortgage on your share and pay rent on the rest.
- Shared equity arrangements mean you buy 50 per cent to 75 per cent with a mortgage and obtain an interest-free loan from a housing association or developer to cover the remainder.

The number of new homes being started has also declined sharply - with latest figures from NHBC reporting just short of 24,000 new home applications for the past rolling 3 month period. This falls way short of the government target to build 240,000 new homes each year to cope with housing demand.

There's now talk of the construction slowdown being the cause of another house-price spiral with shortages emerging in certain pockets of the country as soon as next year.

So, is this window of opportunity to snap up new build properties at bargain prices, beginning to close?

Back in the auction room, new build property is still available - with property investment clubs and networks also offering ?online auctions' to get unprecedented deals for their members. The bulk purchasing power of such groups of investors can mean that seemingly ridiculously low offers can be put forward for multiple units and developers who need the cash are accepting them.

Read Martin's Top Tips on buying New Build property in the 2009 climate.

POSTED BY: AT 08:44 am   |  Permalink   |  E-mail this
Thursday, 24 September 2009

Whilst we get our fair share of older, character properties to feature on the show, it is quite rare for us to visit a property with a thatched roof. Many properties with thatched roofs are period cottages and homes that have that ?chocolate box' charm and if located in a rural location with other similar properties, this alone can be quite appealing. With renewed interest in our historic architecture, thatching is once again, becoming more popular, but are houses with thatched roofs property investor / developer fodder - or more trouble than their worth.

What is thatch?

Thatching is the craft of building a roof with dry vegetation such as straw, water reed, sedge, rushes and heather, layering the vegetation so as to shed water away from the inner roof. It is a very old roofing method and has been used in both tropical and temperate climates. Thatch is still employed by builders in developing countries, usually with low-cost, local vegetation. By contrast in some developed countries it is now the choice of well-to-do people who want their home to have a rustic look.

A combination of its compactness and the steep pitch of a thatched roof mean water runs off the roof by dropping from one end of a stem of reed to another. A new thatch will only ever get wet about 1" down from the surface.

The predominant thatching material in use in this country up until the 19th Century was straw but the main thatching materials in use today are water reed, longstraw and combed wheat reed. Sedge, a grass-like plant which grows in wetland areas, is also used extensively in ridging.

In the UK new water reed or straw is generally 12" - 15" thick although some properties with straw roofs have thatch thicker that this. Interestingly, it'ss not the thickness of the thatch, but the pitch of the reed on the roof that is the crucial element in shedding water. Often a thick coat of thatch will have a slacker pitch so isn't necessarily any more effective. The length of the reed or straw also has a role to play in the efficiency of the thatch to shed water.

Generally because of the thickness of the thatch the bottom projects far enough away from the walls of the property to shed the water away from the walls without the need for gutters and downpipes. Water runs off the roof either into a soak-away trench - filled with small stones - or the water just finds its own way of soaking into the ground or drying on the surface of the ground.

The ridge

As the final protective covering along the top of the roof, the purpose of the ridge is twofold: to conceal the last fixing rod and to provide an attractive finish to the roof.

Although a high quality ridge will only need replacing every 12-15 years, a poor quality ridge may only last 5-7 years. Sometimes, however, the ridge may look shabby, whilst still serving its purpose of keeping water out.

In the UK ridges are made from straw or sedge because this is easier to bend over and form a watertight bond at the apex.

Thatched roofs will have felt underneath. This is for 2 reasons;  It keeps the property dry whilst thatching work is taking place and obviates the need for tarpaulins. Second it prevents dust and loose bits of reed/straw falling into the roof space after thatching has been completed.

Life expectancy

Thatch will, of course, need to be replaced, but contrary to popular belief it can last decades - up to 40-50 years depending on the material used, the pitch and aspect of the roof and the quality of the workmanship. A new ridge will need to be fitted every 10-15 years though and at this time the whole roof can be dressed and cleaned and any moss removed.

Towards the end of its life, a thatched roof will require patching; however, regular inspection and maintenance of the thatch can prevent problems such as vermin damage or rot from shortening the lifespan of the roof.

Some thatched roofs will have wire netting on them. This is to protect straw roofs from birds (it is also fitted to ridges for the same reason) and it adds protection from strong winds etc especially in exposed sites.

What's the advantage of a thatched roof?

Apart from its individuality and charm, the main advantage of thatch is that it has quite unique insulating properties meaning that the property stays cosy warm in winter and yet cool in summer. You can't say this about more recently built properties!

If you are considering buying a property with a  thatched roof then its important that you thoroughly check its condition.

Unlike a conventional roof, it is very obvious if a thatched roof is in poor shape, so take time to stand and look at the condition of the thatch:

o If fixings are exposed all over the roof, it indicates that the thatch is either nearing, or has reached the end of its life.

o If gullies are appearing (vertical deep patches of rot), these will require the attention of an experienced thatcher. Similarly, dark wet patches on the eaves close to the wall indicate the thatch is leaking.

o If the roof is covered in heavy moss, it could mean that the thatch is unable to breath and is therefore unable to dry out properly.


There are some common misconceptions about thatched roofs - which tend to put off first time buyers or those people wanting a low maintenance home. Perhaps for this reason, they tend NOT to sell at a premium (despite their obvious ascetic charm) as they're not to everyone's taste and people believe that they will be costly and time consuming to maintain. So what are the facts about thatch.


Facts about Thatch

1. Statistically, homes with thatched roofs are no more likely to catch fire than those with conventional roofs. If you try and set fire to a closed, thick book, you'll find that it won't burn very easily due to the lack of air and compactness of the pages. The same is true of thatch.

2. Thatched homes are not disproportionately expensive to insure - premiums are the lowest they've ever been; incorporating fire preventative measures makes insuring a thatched roof in the UK not much more than a slate or tiled roof.


Listed thatch

About 75% of thatched properties are listed, so this brings extra considerations. Most external or internal repairs or alterations to listed buildings require listed building consent and you should talk to your local Building Conservation Officer before employing a thatcher to carry-out work on the roof.

Fire Precautions

With common sense and diligence, you can still have an open fire or woodburning stove in a thatched property.Statistically, homes with thatched roofs are no more likely to catch fire than those with conventional roofs; however, if a thatched roof does ignite, the results are rapid and spectacular, so owners of properties with thatched roofs should take precautions.

o You can have the thatch fire-retarded - either by being sprayed on completion or the material dipped in a fire retardant before being applied to the roof.
o Around 90% of thatch fires are caused by chimneys - they need to be swept regularly to prevent a build-up of soot deposits.
o The top of the chimney stack must be at least five feet above the thatch, allowing sparks to escape and die-out before they settle on the thatch.
o The chimney should be checked to ensure that the brick or stone work is in good condition and it should have an insulated lining fitted where the stack passes through the thatch.  Having the chimney lined is a sensible precaution.
o When installing a stove, make sure you employ a professional with experience of thatched properties to do the job.
o  Keep any eye on the flue temperature by fitting a flue thermometer and don't burn wet or unseasoned wood, as this will leave greater deposits in the flue.
o Electrical wires in the roof space should be checked by an electrician regularly.
o The roof should be checked for signs of mice or other vermin as they can cause damage to electric wires.
o  Locate smoke alarms and appropriate fire extinguishers throughout the property.
o If contractors are carrying-out work in the roof space, make sure they do not use blow-torches or other equipment which could create sparks. Plumbers for example should only use compression joints.

Uninvited guests

Owners of thatched properties are sometimes not the only ones who appreciate the warmth and beauty of their quintessential English roof - nesting birds, mice, rats and even squirrels can end up making a hole in your pocket as well as your thatch, so owners of thatched roofs should follow some simple guidelines:

o Walk around your property and have a good look at the roof once a week - if pieces of your thatch are sticking out in loose clumps, with holes above, this could indicate that you have guests.
o  If you suspect your roof is playing host to mice, rats or squirrels, contact your thatcher or pest control officer for immediate advice.
o  Wire netting applied all over the roof will prevent birds and vermin from gaining entry and is recommended on combed wheat roofs (long straw) and for water reed roofs if birds and rodents are a persistent problem.
o Birds are particularly fond of nesting under eaves - particularly if the thatch has not been properly fixed in place, or has become loose. To remedy the problem, call in a thatcher before the birds start looking for nesting sites in early spring and encourage birds to nest in your garden, rather than your roof, by providing a variety of nest boxes around your property.
o Watch out for squirrels in autumn and winter - they are particularly fond of hiding their nuts in thatch and also like to sharpen their teeth on the lead flashing around chimneys.
o The worst damage is caused by rats, which gain access to the roof space and then burrow their way out through the thatch. Make life difficult for them by feeding wild birds etc recommended feeders and avoid throwing food waste on your compost heap. Make sure bin bags are stored where rats and foxes cannot gain access to them.

In Summary:

Whilst these quintessentially English roofs obvious appeal and are ascending in popularity after many years of decline, they're not for everyone. Anyone with a thatched roof, or considering buying a property with one needs to be prepared to carry out extra maintenance and be vigilant about fire and pests. That said, they are part of our heritage and should be preserved.

The National Council of Master Thatchers Association (http://www.ncmta.co.uk/) represents county based  Master Thatchers Associations.

POSTED BY: AT 08:25 am   |  Permalink   |  E-mail this
Monday, 21 September 2009

Compulsory Purchase Orders tend to conjure up images of little old ladies being turfed out of the house they have lived in all their lives to make way for a new road - but equally there are neighbourhoods and communities who are suffering due to empty, unsightly and often dangerous properties existing on their doorsteps. As much as they are dreaded, Compulsory Purchase Orders can get much needed housing stock back into circulation and this has to be good news for everyone...

I visited a semi-detached house in Manchester recently that had found its way into the auction rooms after having been Compulsory Purchased by the Council. It was in a really poor state of repair, having stood vacant for a long time and with no sign of the owners. The Council had therefore used its powers to Compulsory Purchase the property under the Housing Act 1985 to put it back into use and had put it into the auction in order that new owners could buy it and restore it to a habitable condition.

Indeed as part of the deal, the property was sold subject to a schedule of works being carried out so the Council could ensure that all the necessary works would be done and this eyesore (which was sitting in the middle of nice, well maintained properties) would no longer be a blot in an otherwise pleasant residential road.

There are major advantages to the community where compulsory purchase powers are used.  The Council removes ownership of substandard properties from owners unwilling or unable to improve them to sell on to purchasers willing and able to do so.  The transformation of badly managed, poor condition housing for residential use has a marked impact on local environment and the quality of life for neighbouring residents so although seemingly unwelcome, CPOs serve a very valid purpose in maintaining neighbourhoods.

In the case of our Manchester property, it had been purchased by two enthusiastic property renovators who were going to be using their own money to do the works and were then planning to put the property back on the market to be sold. They wanted to restore it to a high standard - in keeping with the area and planned to do so in just 6 weeks!

What is Compulsory Purchase?

A Compulsory Purchase Order (CPO) is a legal action in the United Kingdom and the Republic of Ireland that allows certain bodies which need to obtain land or property to do so without the consent of the owner. It is a forced sale of a property to the Council, authorised by the Secretary of State. We tend to hear about CPOs when land or buildings are obstructing the development of an area for the public good i.e. when building motorways where a land owner does not want to sell or if a town council wishes to develop a town centre. Recent major compulsory purchase schemes include the London 2012 Olympics, Manchester Airport 2nd Runway, Liverpool Paradise Street Redevelopment and Leeds Supertram.

In the Republic of Ireland, CPOs are quite common due to the massive road upgrade programme under the National Development Plan. Most Orders are made under powers given to Local Authorities in existing legislation (see below). Whilst the powers are strong the Authority must demonstrate that the taking of the land is necessary and there is a "compelling case in the public interest".

Owners or occupiers can challenge this, and their objection will be heard by an independent Inspector. If the CPO is still enforceable, the owners or occupiers will receive compensation - usually equating to the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Costs of professional advice regarding compensation are also usually so that people affected by a compulsory purchase order can seek advice from a solicitor.

Under what legislation can a Council issue a CPO?

Local Authorities have power under various Acts to compulsory purchase a property. The powers range from redevelopment under the Town and Country Planning Act, to property clearance under the Housing Act. The Council must have a specific power under statute before a Compulsory Purchase Order can be made. Compulsory Purchase Orders can be used for a number of purposes, including:

  • Clearance of unfit housing - Housing Act 1985 
  • Bringing empty properties back into use - Housing Act 1985
  • Development or regeneration - Town and Country Planning Act 1990
  • Local road schemes - Highways Act 1980

What if your property is at risk of being Compulsory Purchased?

The first thing to say is that most local authorities will prefer to encourage and persuade owners of substandard properties to improve and return them to permanent residential use rather than to make a CPO.  Councils will have strategies to give financial assistance and other incentives and to exercise their legislative powers to owners of empty properties before going down the route of Compulsory Purchase.

Government policy on CPOs is that they should be used as a last resort after the owner has been given every opportunity to carry out improvements voluntarily or in compliance with statutory notices.

However, there will always be situations where owners of tenanted properties fail to comply with statutory notices, and owners of empty properties resist all encouragement to bring them back into residential use.  In these circumstances the Council's only remaining option is to consider the use of compulsory purchase.

If your property is earmarked for Compulsory Purchase, the decision and ability of the Council to do so, won't be quick! Compulsory Purchase Orders must follow a formal statutory process.

The basic steps are as follows:

  • Instructions are received to make a Compulsory Purchase Order.
  • The council must obtain information regarding legal interests in the land including serving requisitions for information, title checks and notification of affected persons that their interests in the land can be sold to the authority in advance of compulsory purchase or an Order will be served in due course.  
  • The Council will prepare a draft report regarding compulsory purchase which will include a Statement of Reasons for making, and the draft CPO itself to present to Cabinet. 
  • Cabinet approves Compulsory Purchase Order. 
  • The Order is formally made by affixing the Council's Seal, advertisements are placed in the press, formal Notices including a copy of the Compulsory Purchase Order and the statutory forms served upon all persons of legal interests in the land. This allows a 28 day objection period.
  • If objections are received the Secretary of State will direct a Compulsory Purchase Order Inquiry to be held. This is held within a timescale set by the Secretary of State and will normally involve a Pre-Inquiry Meeting and a formal Open Public Inquiry into whether the Compulsory Purchase Order should be confirmed or not. Once the Inquiry has been completed, the Inspector will put a report before the Secretary of State who will decide whether to confirm the Order as drawn, modify it, or reject the Compulsory Purchase Order.
  • If there are no objections the Secretary of State, or in certain circumstances the local authority, confirm the Compulsory Purchase Order. Once a Compulsory Purchase Order has been confirmed the Council can serve a General Vesting Declaration, or a Notice to Treat / Entry which will transfer the legal interest from the then owner to the Borough council. After this the development / clearance can begin.


There are various law firms who specialise in representing the interests of owners / occupiers of properties affected by CPOs and who aim to object on your behalf and negotiate compensation for you.

The matter of CPOs is defiantly one where there are two sides to the story. Yes, they conjure up images of little old ladies being turfed out of the house they have lived in all their lives to make way for a new road, but equally there are neighbourhoods and communities who are suffering due to empty, unsightly and often dangerous properties existing on their doorsteps. If CPOs can get this much needed housing stock back into circulation then that has to be good news for everyone - not least eager property developers willing and able to snap them up and restore them in double quick time!

POSTED BY: AT 01:51 pm   |  Permalink   |  E-mail this
Thursday, 17 September 2009
POSTED BY: AT 02:00 pm   |  Permalink   |  0 Comments  |  E-mail this
Thursday, 10 September 2009

I visited a property last week that had been purchased at auction and that had a telegraph pole in the garden. Whilst the purchaser had studied the legal pack in detail, there was nothing in there to highlight the fact that there was such a thing, and it came as a bit of an unwelcome surprise. (This is another good reason why there is no substitute for visiting the property itself).

Having now purchased the property, our buyer needed to find out what his rights were regarding the pole and if he could do anything about it.

BT Wayleave Agreements

Whilst BT don't have to seek your approval to erect a telegraph pole on your property, they do have to pay for the privilege of having their masts on your land  Anybody with a pole on their property should ensure that there is a Wayleave Agreement in place. This is a document signed by you as the land owner that grants permission for electrical apparatus to be present on the grounds of the property.

The Wayleave Agreement is a consent in writing between BT (or other utility provider) and you, the land owner, which confirms the rights of BT to install, maintain, adjust, repair, alter, keep and enter to inspect apparatus on, under or over their property for the statutory purpose as defined in the license.

Wayleave Agreements are usually terminable and run for a specific period of time. Issues can arise when you have been approached by the utility company to site new over head lines, cables or pipes on your land or when you with to explore the possibility of diverting or removing them. If you sell the property, the wayleave needs to be renegotiated for each new property owner


Charging Rent for Having Apparatus on Your Land

Along with the Wayleave Agreement  you can apply for a Wayleave payment. This is a ?ground rent' that you are entitled to charge BT (or the utility company) for having their equipment or apparatus on your land. Don't get too excited though - its not a lot of money and in some cases you'll find that a previous owner may have accepted a ?one off payment' which means that you can't then charge annual rent. The current ground rent that BT pays for telepgraph poles I £9.85 per annum or a one off payment of £145


Clearly, the place of utility apparatus on your land could affect the usage of the land and may affect its resale value to a future purchaser. Its therefore important to explore what your rights and options are if you are contemplating purchasing a property which carries a Wayleave Agreement.

What if You Object?

BT don't ask for permission to erect their telegraph poles - they just do it and ask for objections afterwards. I've heard of people coming home from work to find a new telegraph pole having appeared in their front garden and they seemed to have no idea about it. If this were to happen, then there should be a notice on the pole inviting objections to the pole being there (there should be a number on the pole identifying it).

Be aware that there is a time limit to object. Usually BT will erect the pole but not install any wires on it until the time period has passed.

If you insist that BT have to move the pole to another location, then be aware that  in doing so they need to put it somewhere else - possibly not the best way to get on well with your neighbours.

POSTED BY: AT 12:11 pm   |  Permalink   |  0 Comments  |  E-mail this
Friday, 26 June 2009

We are all becoming increasingly aware of climate change and global warming and whether you just manage to recycle a few bottles each week, or have become a real ?eco-warrior' -  you would have had to be living on the moon for the last decade to escape the efforts of the government to reduce carbon emissions. Given that it is estimated that up to a quarter of all carbon emissions are as a direct result of us heating, lighting and living in our homes, there is a huge incentive for the Government in reaching is targets for reducing carbon emissions, to target the energy efficiency of the homes we live in.

One such initiative that came into force from 1st May 2008, was the Code For Sustainable Homes initiative. If you have bought or sold a property in the last 12 months or so, then you will have already felt the impact of this Code by the fact that the property you were buying or selling would have had to have an Energy Performance Certificate on it.

As far as new build homes are concerned, the Code for Sustainable Homes has an assessment method for rating and certifying the performance of new homes in terms of their ?environmental friendliness' with a view to encouraging ?continuous improvement in sustainable home building'.

 "The Code for Sustainable Homes provides a comprehensive measure of the sustainability of new homes, ensuring that sustainable homes deliver real improvements in key areas such as carbon dioxide emissions and water use. The Government's ambition for the Code is that it becomes the single national standard for the design and construction of sustainable homes, and that it drives improvements in home building practice."

Since its introduction just over a year ago, all new homes have to have a ?sustainability rating' indicating on a scale of 1-6 how eco-friendly they are (with 6 being the highest and representing a carbon neutral house).

At the same time as all this good stuff on sustainable development has come about, we have been in the midst of a credit crunch with lenders pulling in their horns left, right and centre and refusing mortgages to people and projects who would have previously represented a good risk. So, as anyone who has been refused credit or a mortgage in the past year will tell you, the attitude of banks to lending has become extremely cautious.

But put these 2 factors together - as did some forward thinking developers that I met in Lincolnshire recently - and you could have a formula for being granted credit AND doing the right thing for the environment.

Our contributors planned to convert an old community centre into private residential dwellings, but they were initially declined a mortgage because the bank was unwilling to back a project to develop flats given the uncertain economic situation and property market. However, when the proposals were shown to be the development of a number of eco-friendly starter homes - the bank jumped at the chance to lend and were right behind them. It seems that the fact that the properties were to be built to a Sustainability Rating of 3 -4 clinched the deal.

The Code Rating System

The Code for Sustainable Homes covers nine categories of sustainable design including:

? Energy and CO2 Emissions - With the aim to limit emissions of carbon dioxide (CO2) to the atmosphere arising from the operation of a dwelling and its services.

? Water - With the aim to reduce the consumption of potable water in the home from all sources, including borehole well water, through the use of water efficient fittings, appliances and water recycling systems.

? Materials - With the aim to encourage the use of materials with lower environmental impacts over their lifecycle.

? Surface Water Run-off - With the aim to design housing developments which avoid, reduce and delay the discharge of rainfall to public sewers and watercourses. This will protect watercourses and reduce the risk of localised flooding, pollution and other environmental damage.

? Waste - With the aim to recognise and reward the provision of adequate internal and external storage space for non-recyclable waste and recyclable household waste.

? Pollution - With the aim to reduce global warming from blowing agent emissions that arise from the manufacture, installation, use and disposal of foamed thermal and acoustic insulating materials.

? Heath and Wellbeing - With the aim to improve the quality of life in homes through good day lighting and to reduce the need for energy to light the home.

? Management - With the aim to encourage and reward provision of guidance enabling occupants to understand and operate their home efficiently and make the best use of local facilities.

? Ecology - With the aim to encourage development on land that already has a limited value to wildlife, and discourage the development of ecologically valuable sites.

Minimum Standards

There are some minimum standards which all new build homes must reach and these are set out in the Code for Sustainable Homes Technical Guide. To download the latest version updated May 2009 please click here:

http://www.planningportal.gov.uk/uploads/code_for_sustainable_homes_techguide.pdf

Each of the nine categories listed above includes a number of environmental issues. Each issue is a source of impact on the environment which can be assessed against a performance target and awarded one or more credits. Performance targets are more demanding than the minimum standard needed to satisfy Building Regulations or other legislation. They represent good or best practice, are technically feasible, and can be delivered by the building industry.

Some of the issues have mandatory minimum performance standards because they are so important. For these there is a single mandatory requirement which must be met, irrespective of what Code level rating is sought and the property must meet these requirements even if Level 1 (the lowest) rating is being granted. 

So what does a Sustainability Rating of 3 - 4 actually mean?

Since our contributors where aiming for a minimum of Code Level 3, this would mean:

The home will have to be 25% more energy efficient than one built to the 2006 Building Regulations standards. This could be achieved by:

? Improving the thermal efficiency of the walls, windows, and roof as far as is practically possible (by using more insulation or better glass for example);

? Reducing air permeability to the minimum consistent with health requirements (a certain amount of air ventilation is needed in a home for health reasons);

? Installing a high efficiency condensing boiler;

? Carefully designing the fabric of the home to reduce thermal bridging (thermal bridging allows heat to easily escape between the inner walls and the outer walls of a home);

? Possibly using district heating systems or low and zero carbon technologies such as solar thermal panels or biomass boilers to help heat the hot water.

The home will have to be designed to use no more than about 105 litres of water per person per day. This could be achieved by fitting a number of items such as:

? 6/4 Dual Flush WC;

? Flow Reducing/Aerating taps throughout;

? 6-9 litres per minute shower (note that an average electric shower is about 6/7 litres per minute);

? a smaller, shaped bath - still long enough to lie down in, but less water required to fill it to a level consistent with personal comfort;

? 18ltr maximum volume dishwasher;

? 60ltr maximum volume washing machine.

Other minimum requirements are required for:

? Surface water management - this may mean the provision of soakaways and areas of porous paving;

? Materials - this means a minimum number of materials meeting at least a ?D' grade in the Building Research Establishment's Green Guide (the scale goes from A+ to E);

? Waste management - this means having a site waste management plan in place during the home's construction, and adequate space for waste storage during its use.

To get to Level 3 the builder/developer must do other things to obtain the other points such as:

? Providing drying space (so that tumble dryers need not be used);

? Providing more energy efficient lighting (both internally and externally);

? Providing cycle storage;

? Providing a room that can be easily set up as a home office;

? Reducing the amount of water than runs off the site into the storm drains;

? Using much more environmentally friendly materials;

? Providing recycling capacity either inside or outside the home;

? Enhancing the security of the home;

? Enhancing the sound insulation used in the home.

The Future of New Homes

By 2016, all new build homes will have to have a sustainability rating of 6.

To see what would have to be done to achieve a Code Level 6 (the highest score, click here)

Clearly, the costs of meeting these requirements for a rating of 3 - 4 is greater than a bog standard construction, but the additional investment is likely to pay off - and our Lincoln developers were already assured that the finished product would be in strong demand. So, given that housebuilders and developers (both large and small) are currently having to offer large discounts or other ?sweeteners' to purchasers just to get housing inventory sold, this eco-friendly home strategy could be a shrewd move. Certainly, the fact that the bank were so keen to become involved once they understood the nature of the properties being developed is a sure sign of the possible success of this venture.

Please Note: The Code does not apply in Scotland. From 1 May 2008 a minimum of Code level 3 is required for all new housing promoted or supported by the Welsh Assembly Government or Assembly Government Sponsored Bodies. From 2nd June 2008 Code Level 3 is required for all new self-contained social housing in Northern Ireland.

POSTED BY: AT 09:00 am   |  Permalink   |  0 Comments  |  E-mail this
Monday, 08 June 2009

Empty properties are abit of a sore point for most councils and local authorities. Aside from the fact that they are often the cause of complaint to the council by neighbours and local residents because of their unsightly appearance, they can also attract other anti-social issues such as squatters and criminals.

Councils across the country are keen to put empty properties back into use, especially since in most cities there is a shortage of housing,  and if you check with your local council, you'll probably find that they have an ?Empty Property Strategy' which will outline their initiatives to work with owners to get empty properties habited again.

As property investors / developers, empty properties are good fodder and you may be able to register your interest in receiving details of empty properties that the owners would like to sell, with the local council. They can then ?match make' owners of empty properties who want to offload them, with developers and renovators who would be interested in buying.

According to The Empty Homes Agency, there are an estimated 785,708 empty homes in the UK and enough empty commercial property to create 420,000 new homes so there is a strong incentive to get these dwellings back into circulation.


What is defined as an ?empty property'?

Empty properties are defined as those that have been empty for more than 6 months. This includes dwellings that are:
- empty between changing occupants
- undergoing modernisation, repair or conversion
- awaiting demolition
- repossessed
- waiting probate
- newly completed but not occupied
- owned by a charity
- unoccupied annexes

Any group of bedsits, counted as one dwelling, only count as vacant when all are vacant.

Empty properties considered exempt from this definition are:-

- Second homes, holiday lets, and flats and houses normally occupied by students;
- Properties where the owner is in prison, receiving or giving care,
- Properties where the owner is in the armed or visiting forces;
- Properties that are flood damaged.

However, for you to benefit from the VAT exemptions below, no part of the property must have been lived in during the past 2 years (reduced rate) or 10 years (zero rate).

What are the advantage of buying an empty property to restore?

VAT Exemptions

There are VAT exemptions available on empty properties to encourage restoration and re-use of them. If you renovate or carry out work on a ?normal' building, you will normally be liable to VAT at the standard rate. This applies to materials used and labour costs. However, this can be significantly reduced or eliminated if the property has been empty for over 2 years. The 2 main exemptions are:

- If the property has been empty for 2 years or more - VAT is reduced to 5% on most costs associated with renovating single house dwellings.
- If the property has been empty for 10 years or more - VAT is reduced to zero on the costs of raw materials (either purchased by the owner himself or handed to the builder for use) and the builder can reduce his rate of VAT to 5% for refurbishment work.

Local Authority Grants

Many local authorities will provide grants to owners of empty property to assist them in getting them restored and back into use. The eligibility will vary between different councils but you could find that up to half of the cost of your renovation bill is funded by the council. There will, of course, be a maximum grant and any funding provided will come with terms and conditions - so you should check with the local authority that covers where the property is located for their own rules.


Energy Efficiency Grants

You may also find that you can get a grant for home insulation etc. Contact the Energy Saving Trust on 0800 512012 or visit www.energysavingtrust.org.uk for information on what grants might be available


Interested in buying an empty property to restore?

There are certainly plenty of compelling reasons as to why to seek out empty property to invest in, but before you start, your should first consider these points:

  1.  Make sure you are allowed to do what you want to the property. It's all very well having imaginative plans to redesign the property into the house of your dreams but if there are legal restrictions, or if it's a listed property, you may not be allowed to.
  2. Work out a proper budget before you start. As with any restoration work, running out of money half way through meaning you have to abandon or postpone the project, somewhat defeats the point!
  3. Build the right team of people to help you. Choose architects, builders and legal eagles who you can work with and will help you, not take you for a ride.
  4. When commissioning a builder to carry out any renovation work its worth whilemconsidering the following points:
    ? Paying extra for a detailed survey report as this will show you exactly what work is required to bring the property up to standard.
    ? Aim to get at least 3 quotes in writing.
    ? If possible get recommendations from friends or colleagues. This is always preferable as if they have had a good experience with a builder then the chances are you will!
    ? Ask for addresses of properties that the builder has carried out work at; this way you can ?drive-by' these properties to view their workmanship.
    ? Make sure that you make it clear to the builder exactly what work is required, and at what stage they can expect to get interim payments and for how much. Drafting a schedule of works helps to detail exactly what work is required and to what standard.
  5. Choose the right building materials for the job. There's a range of alternatives for every eventuality. Some choices are good for your pocket, some are good for the environment and some are just less hassle for your builder.
  6. Don't bank on a grant, but do see what's available. Rescuing an empty property meets the objectives of lots of organisations some of them may be prepared to subsidize your costs.
  7. Mortgages can be tricky to find if you want to rescue an empty property. The problem is that old wrecks aren't worth much until they are renovated. Many people want to borrow more money for the combined costs of purchase and renovation, than the property is actually worth in its wrecked state. From a lenders point of view this is high risk, because if you default on your payments the property isn't worth enough for them to recover the loan if they repossess the property. Happily, the situation is improving fast.

These are some of the lenders offering mortgage products particularly suited to rescuing empty properties: The Ecology Building Society, Buildstore, The Co-operative Bank and the Norwich and Peterborough Building Society. However, do search on the internet for other recommendations.


Finding empty properties to buy

Aside from registering your interest with the local council as above there are other ways that you can find Empty Properties:

? Local council - Your local council will probably have a list of all the empty properties in their area. Some councils will be happy to let you see the information, but beware that others may not be so open. If they won't disclose the information you could make a written request - you've got a legal right to request it.
? Estate agents - Their shop windows don't want to be cluttered with pictures of wrecks, but that doesn't mean to say that they haven't got some houses in need of rescuing in the back of the filing cabinet. So, make sure you ask to see what's available.
? Online auctions - Auction catalogues are a good place to find empty properties that are for sale. On the web look out for specialist websites that specialise in empty properties.
? Land for sale - More often than not building land for sale has already got a house on it that the seller is inviting you to buy to demolish. Often the house is beyond saving but sometimes it's salvageable.
Of course,  you may personally know of empty properties that you would like to buy and restore. The biggest difficulty is usually finding the owner to negotiate a deal!

A couple of ways that you can trace the owner of an empty property are:

- Ask around. It may be as simple as asking the people who live near by. If you explain to them why you want to know, they will probably be happy to tell you.
- Many properties are registered at the Land Registry. For a small fee you can look at the register and see who the owner is. The HM Land Registry website for England and Wales is: www.landregisteronline.gov.uk, the Registers of Scotland Executive Agency is: www.ros.gov.uk and the Land Registry of Northern Ireland is: www.lrni.gov.uk.


What action may the Council consider if owners of empty properties are not cooperative?

Most local authorities employ an empty property officer whose job it is to get empty properties back in use. The officers work by persuading owners that it's more valuable to have a lived-in property than to have it vacant. They often have good contacts and can help to match up property owners with ready-made schemes and local housing providers. If this is unsuccessful, many have powers to compel owners to do something about the property, these include:

  • Compulsory purchase - As a last resort, the local authority has the power to buy a empty property with or without the owner's permission. A CPO is one where the Council takes over the ownership of the property and then, if necessary, undertakes renovation of the property making it suitable for rent. All money paid for renovation work is reclaimed from the rent income and the property can be re-sold.
  • Empty Dwelling Management Orders (EDMO's) - An EDMO would enable the local Authority to secure occupation and proper management of privately owned properties that have been unoccupied for at least 6 months, but the Local Authority would itself not need to take over ownership of the property.
    Enforced sale - If the owner has debts to the council secured on the property, the council can require the owner to pay them back. If they don't, the council can force the property's sale in order to get its money.
  • Publicly owned empty property - A little known power lurks on our statute books called PRODS - a Public Request to Order Disposal, which can require public authorities to sell buildings they are leaving empty.
POSTED BY: AT 08:21 am   |  Permalink   |  E-mail this
Rent Martin's Canal Boat 

Canal Boat Rental

Rent Martin's Luxury 65ft Canal Boat. Moored on the beautiful River Avon, between Bristol and Bath. Explore the Kennet & Avon Canal, and the fascinating towns and countryside en route. Sleeps up to 7 people. Dog Friendly. A wonderful holiday. For more information CLICK HERE