Securing your rights to access and build

Ensuring you have the right to access land and build on it as you wish may seem obvious but may not be straightforward. Anyone considering purchasing land or buying a building for redevelopment needs to be sure it can be developed as envisaged.

Your access rights

Is there vehicular access to the land? If not, it may be difficult to get planning permission.  This is most likely to occur in a city where you might think you only need pedestrian access. Make sure you have this resolved before proceeding.

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Creating an official access point

• Do you need to cross a pavement to access the land? If so, you will need to get permission to adapt the pavement and may be required to use an approved contractor.
• If a grass verge stands between the land and the road, you are unlikely to need permission unless it is a trunk or classified road.
• Where land is adjacent to the road, permission will only be needed if your proposed access point might be dangerous or if it is a classified or trunk road.
• If another party owns a small strip of land between your proposed construction site and the road, you will need their permission. If this has been done to create a ‘ransom strip’, someone – preferably not you – will need to pay before they consent.
• If you need access to a trunk or classified road, you will need consent from either the Highways Agency or local authority and this will usually form part of the planning approval. Creating an entrance on a sharp corner, close to a junction or where there is a blind spot will not be allowed. New entrances will be subject to stipulations about the position of gates, the angle of the entrance and drainage.
• There may be more complex stipulations if the new access is a road and it will serve more than one property, or is a private road, or if you are purchasing an infill or back land plot with a shared driveway.

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Restrictive Covenants

Another potential issue is restrictive covenants. These generally dictate how land can be used or the types and number of buildings that can be constructed.

If the plot you are considering purchasing is subject to a restrictive covenant, it may be possible to get this ended. Sometimes a covenant has a time frame attached to it and expires naturally. If not, it can potentially be ‘extinguished’ by mutual agreement or via a court order. Breaching restrictive covenants is unwise as recent legal cases have shown.

Practical Support

We recently assisted a client who wished to purchase a farm brick barn and turn it into a house to get the TP1 amended, the necessary covenants adjusted, and the access resolved.  This is just one of many examples illustrating how Fraser Dawbarns can assist self-build clients to get their projects off the ground. Contact us today on info@fraserdawbarns.com or ring your nearest office below to discover how our team can help you.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483
Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.