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May, 2017

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  1. #1

    Default Split title planning questions

    Hi there,

    I'm looking at purchasing a detatched property and splitting it into 2 semi-detatched houses. I'm guessing that it originally was 2 homes and has been knocked together at some point. It looks and feels like this is the case. 2 driveways/entrances, lots of other semis on the road. The title register shows it as 1 title with the address as: 25-27 odd numbers. I can find nothing in the planning archives suggesting there has been permission for the change to 1 unit. A neighbour apparently said it has been like this for 50 years.

    From a planning view where would I stand, as I would have to split the title?

    Help appreciated.

  2. #2
    Join Date
    Mar 2010
    Posts
    782

    Default

    From a planning view where would I stand, as I would have to split the title?
    When you make a planning application the section on the form that refers to ownership is the only thing that applies. You complete the section of the form that asks if you are the owner of the land to be developed.

    Once planning permission is granted you then go ahead and complete the development by creating two separate dwellings.

    After that you instruct a solicitor to complete the sale of the two houses, although you need to explain what area of land is to be included with each property and what rights are to be granted or reserved .

    The new owner of the first dwelling to be sold will make an application to register the land being sold, which will need to be carefully identified on a plan attached to the transfer form TP1 which will be completed by your solicitor.
    That is the Land Registry form for a Transfer of Part of a registered title.

    That first property will be registered with a new title number.
    The new register of title will identify this new address and record any reserved rights you included in the transfer and any rights you granted in the transfer, such as drains, water supplies, gas pipes or electricity cables that are over or under the land being transferred.
    The new title plan will show the area of land that was transferred from the original title.

    Your solicitor will need to ensure all such rights required by the new house are set out on the TP1 form and also needs to reserve any such rights that will be for the benefit of the second house that will be sold after that.

    That house will retain the original title number although, any reserved rights will be shown on the amended register of title together with the name of the new owner.
    The title plan will show the original extent of the land edged with a red line, but the part of the land that was transferred out of that title will be shown edged in a green line with its new title number shown.

    All of the details need to be dealt with after the development is completed and ready for sale. The planning department have nothing to do with aspects of ownership, other than needing you to confirm that you own all the land when the application is made for planning permission.

  3. #3

    Default

    Thanks for the detailed reply. Just to be clear, it will definitely need planning consent to split?

  4. #4
    Join Date
    Mar 2010
    Posts
    782

    Default

    Yes it definitely will require planning permission, as well as building control approval, which are two separate legal requirements.

  5. #5

    Default

    Yes, I thought so. Was just thinking it may not apply as it was originally 2 units and the planning for the change to 1 doesn't seem to be there. Wishful thinking though I suppose! Thanks

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