If we have the cash to build a house on our own land do we need a solicitor?

[housequestionz]

Have posted in property but it's very quiet...Just that really, we are wanting to build a house on our own land! We have the cash, do we still need a solicitor?

Not necessarily but I'd recommend spending money on a good planning agent to deal with the planning application that will be needed.

Is there already a house on the land? What will you do with that once you've built your new house?

@cyclingwife yes there is...it will be a large extension as such as they will be connected.

No you don't need a solicitor. You need planning permission and building regs approvals but there is nothing for a solicitor to do in relation to the construction of a property once you own the land. Make sure you speak to your electricity network supplier about increased load requirements etc and you will need to make sure there are no major services running under the area where you want to construct the property or extension whatever it may be.

@redastherose we are rural so 99.9% there are no services thank you!

I would order a copy of the register from land registry if it is registered to check for any easements or covenants on the land. If there is anything get it checked with a solicitor.

Ah so you already have planning permission, you just need to build it? I think it will then depend on whether you plan to keep it as one house or be two separate houses with different occupiers. If it's separate then I'd suggest you get advice from a solicitor to make sure the people occupying one of them doesn't claim it for themselves/ tenancy agreement may be needed even if it's a relative.

If it's standalone, with all facilities to day to day living (separate entrance, bathroom, separate kitchen and separate lounge and bedrooms) then it may need to be registered with land registry, street naming and numbering and council tax.

The big problem with doing something yourself if you're not an expert is when you come to sell the land/ house and you messed up originally in not getting a specific permission then you may struggle to sell it. I've come across this a lot! So personally I wouldn't take advice from someone on the internet just to save a couple of quid.

@cyclingwife yes but we plan on living in it as one house...we won't be separating them. Thank you. I'll look into it more and obviously go with planning advice.

So you’re not building a house, you are building a large extension to the existing house?

They are two completely separate things where planning permission and all other legals are concerned!

It's a full house being connected (in a way we haven't decided that part yet!) to another house. We MIGHT use the older house as an air b&b if we can create a connection with separate access. Still undecided on that part as I say.

Does the planning application refer to it as a separate dwelling or an extension? There will be implications for eg Council tax.

I have friends who live in part of a large farmhouse that years ago was converted into three interconnected houses, all owned by different family members. There were all sorts of discussions with the council about whether three lots of council tax were payable or just one (and about how bins they were entitled to).

You're rural - are you in a area of outstanding natural beauty? Are you in a village/town?

If you are worried about it going through you can do a pre-app where you use a planning consultant to put a preliminary plan in to see what the planning officers thoughts are and what they will/won't allow.

However if it's straight forward just get plans and apply, you don't need a solicitor for this.

If there is separate access and another kitchen, you'll likely have to pay 2 council tax bills.

@Lougle there won't be council tax we are not U.K. but thank you.

@Noisyprat we are rural. Outside a village. We have done pre-app. Thank you.

My advice related to the UK, it would probably have been better to have mentioned that in your OP!

I've dealt with properties in france and spain and they all have very different property laws, even Scotland is different from England.

You posted in AIBU and so yes YABU by not telling us which country you were seeking advice on, and allowing us to spend time sharing our experience in the UK.

@cyclingwife i would have thought that I he need of a solicitor was fairly similar? Maybe not...I didn't ask about council tax or planning as such! Just the need for a solicitor when not involving a mortgage or bank. But thank you.