Transfering site, Starting build question

Former Great

Iv been granted planning permission on a site which iv been gifted. I would like to get started on the build ASAP. Is it ok to start before i have the site transfered into my name . I plan to transfer it in a few weeks time

Former Great

Anyone advice on this

Calahonda52

how did you get planning for a site you don't own?

Does the consent from the owner extend to commencing?

893bet

Calahonda52 wrote: »

how did you get planning for a site you don't own?

Does the consent from the owner extend to commencing?

He said it’s been gifted. Assume from parent. I doubt consent is an issue.

Gumbo

Former Great wrote: »

Iv been granted planning permission on a site which iv been gifted. I would like to get started on the build ASAP. Is it ok to start before i have the site transfered into my name . I plan to transfer it in a few weeks time

Bank may not release funds until it’s in your name.
Talk to them.

If commencing with your own funds then fire away.
Commencement notice can be done online.

Former Great

893bet wrote: »

He said it’s been gifted. Assume from parent. I doubt consent is an issue.

Yeah correct..Thanks Gumbo

Calahonda52

893bet wrote: »

He said it’s been gifted. Assume from parent. I doubt consent is an issue.

He still does not own it, period.
Consent is never assumed in law.
I would say the PP is invalid.

selfbuild17

Calahonda52 wrote: »

He still does not own it, period.
Consent is never assumed in law.
I would say the PP is invalid.

Planning permissions are routinely granted to applicants who don’t own the site. The applicant just requires a letter of consent.

chooseusername

If planning has been granted before the transfer is complete
would the value of the gift be increased and so affect the CGT?

selfbuild17

chooseusername wrote: »

If planning has been granted before the transfer is complete
would the value of the gift be increased and so affect the CGT?

Possibly though it’s arguable that the increase in value is negligible if the planning permission includes a local housing needs residency clause. In that circumstance, the site is only of any real value to the applicant

tonytoc11

You can commence the build, but funds will not be released by the banks until the site is legally in your name. You should obtain a letter of consent to commence the build from the owner, to keep everything above board legally and insurance wise etc.

893bet

Calahonda52 wrote: »

He still does not own it, period.
Consent is never assumed in law.
I would say the PP is invalid.

PP would not have been granted with out consent having been verified though a letter from owner or similar.

selfbuild17 wrote: »

Planning permissions are routinely granted to applicants who don’t own the site. The applicant just requires a letter of consent.

Exactly. Happens every day. That’s why most sited are sold subject to planning. Who is going to buy a site and then risk be turned down due to local needs or similar.

chooseusername wrote: »

If planning has been granted before the transfer is complete
would the value of the gift be increased and so affect the CGT?

Tread carefully. If one was to transfer a half acre site and assign an agricultural value (Not sure you would get an auctioneer to even do this valuation) and then immediately apply for planning I am not sure revenue would look kindly on it.

muddle84

If you're building with your own money then there's nothing for you to start 9nce you have the owners permission which you obviously do. But beware of Capital Gains Tax and Stamp Duty. The more you do to the site the more its value increases so the more money you have to pay.

I was gifted a site a few years ago and the site was valued at 5500, I got planning on it last year and the value went up to 35,000!!!!