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If we are using cash to build a house, do I still need to have a solicitor??

19 replies

housequestionz · 31/12/2021 16:18

Just that really, we are wanting to build a house on our own land! We have the cash, do we still need a solicitor?

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Wombat43 · 31/12/2021 16:19

I would think you need to have it registered at the Land Registry?

And the title done properly...

housequestionz · 31/12/2021 16:22

There's already a dwelling on the site as such...so it's just a large extension in a way!

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user1487194234 · 31/12/2021 17:58

No you don't

scottishnames · 31/12/2021 21:44

What about any of the following?

  • boundaries - will they change? eg are you dividing the land you own to form a new plot?
  • access /driveways - will these be exclusive to new house/ shared? Do they exist already, or are you creating new ones?
  • water supply - do pipes cross any other land or roadway?
  • drain connections/septic tanks/soakaways - all on your land?
  • gas and electricity connections - do pipes/cables need to be laid across any land other than your own?
  • any existing rights of way across the land where you will be building?
  • anything shared with/adjacent to neighbours (eg party wall)?
  • any existing covenants over the land you want to build on?

etc etc

If anything needs formally to be arranged or renewed about any of these, then you do need a solicitor.

As previous poster says, you also need to notify the Land Registry , and make sure that the ownership/position/boundaries of the new house and the land that goes with it are properly recorded.

senua · 31/12/2021 21:50

do I still need to have a solicitor??
Why wouldn't you, to ensure that everything is in order. Why spoil the ship for a ha'porth of tar?

housequestionz · 31/12/2021 22:12

@scottishnames

  • boundaries - will they change? eg are you dividing the land you own to form a new plot?
=No change to the boundaries
  • access /driveways - will these be exclusive to new house/ shared? Do they exist already, or are you creating new ones?
=already exist and not shared
  • water supply - do pipes cross any other land or roadway?
=water supply is a well on our own land
  • drain connections/septic tanks/soakaways - all on your land?
=yes
  • gas and electricity connections - do pipes/cables need to be laid across any land other than your own?
=no gas, electricity connections already exist but will need upgrading to suit bigger house - any existing rights of way across the land where you will be building? =no
  • anything shared with/adjacent to neighbours (eg party wall)?
=no - any existing covenants over the land you want to build on? =not that I know of I can't remember being notified of any when we bought the land but I can clarify that with dh possibly
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whyohwhyohwhyohwhywhy · 31/12/2021 22:17

Don't you engage a solicitor when you have a legal matter that needs addressing? If you have sufficient expertise to do all of this then you don't need legal advice

Presumably it is not cheap, so you want to be confident you are spending your money wisely

housequestionz · 31/12/2021 22:34

@whyohwhyohwhyohwhywhy that's why I'm asking...I can't think of any legal matters in this situation that warrant a solicitor. Unless I'm being really dim...

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GiveMeMyKeys · 31/12/2021 22:39

[quote housequestionz]@whyohwhyohwhyohwhywhy that's why I'm asking...I can't think of any legal matters in this situation that warrant a solicitor. Unless I'm being really dim...[/quote]
It's not a one time decision, if you find a problem and you need a solicitor then you use one, if you don't you don't surely or maybe I'm being dim too Smile

housequestionz · 31/12/2021 22:41

@GiveMeMyKeys that makes sense...think I'll go with that mindset thank you 🙏

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whyohwhyohwhyohwhywhy · 31/12/2021 22:57

That was what I meant. You just pick your way through it until you can't.

housequestionz · 31/12/2021 23:06

@whyohwhyohwhyohwhywhy thank you 🙏 sounds like a plan!

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PragmaticWench · 01/01/2022 00:37

Do you have planning permission?

CasperGutman · 01/01/2022 08:59

Building a house seems like a job for builders, not to mention architects, surveyors and structural engineers. If none of the issues already raised come up, I'm not sure where solicitors come into it!

housequestionz · 01/01/2022 13:39

@PragmaticWench but it shouldn't be a problem at all as there's a house on the land.

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Purplewithred · 01/01/2022 13:45

Hmm, we self-built about 15 years ago and I don't think a solicitor was involved at all. No boundary replacements, ownership changes; the only change in services was to put in place what was already assumed to be in place (previous dodgy self build).

housequestionz · 01/01/2022 13:54

@Purplewithred thank you 😊

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Hairybaker · 01/01/2022 17:58

I don’t think having house on the land already means you don’t need planning permission?!

housequestionz · 01/01/2022 18:44

@Hairybaker I didn't mean we didn't need it I meant it wouldn't be a problem getting planning for it essentially.

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