| Food for thought for the downsizing homebuyer |
| Written by 3mariners | |
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The term ‘downsizer' arguably could be a bit of a misnomer as many people wishing to downsize end up with a greater property responsibility than they had previously. Embarking on a simpler lifestyle usually presents us with just a different collection of issues to deal with, hopefully just a lot more fun and far more rewarding. This simple guide is by no means intended to be a definitive list of do's and don'ts and should certainly not be seen as an alternative to appointing your own professionals prior to purchasing a Freehold or Leasehold of that rural idyll. Having said that, one man's (or woman's) idea of their idyll may not actually be rural. Indeed many of the points outlined in this article can be applied to not only rural but also to the urban situation. Firstly in broad terms the suitability of a building should take into account a number of principles:
In looking at these issues in more detail, we need to consider a number of factors. The more isolated and rural the site and building, often the more complex the issues potentially become. The Surrounding EnvironmentA purchaser, on the assumption that their legal advisor's searches will pick up any potential complications, often ignores such matters. However, there are a number of tools available today to enable the purchaser to carry out certain investigations prior to any formal commitment to purchase. Such issues, which might arise include: the potential for flooding (See the Environment Agency web site for advice on potential flooding); proximity to landfill sites; redundant coal mines; the proximity of the site to unneighbourly users. As well as the more obvious issues, you may for example wish to "farm" organically which could be could be a distinct difficulty if your neighbour uses pesticides (albeit legally) but which enter your site by natural means. It is also very easy today to speak to the Local Authority and check the area Local Plan to establish whether there could potentially be development in the vacinity, which could either affect the use and value of your site or simply interfere with your idea of isolation. Ask the vendor directly about known issues. If located in a National Park or an Area of Outstanding Natural Beauty for example any proposals you might have for developing your site to fulfil any future uses could be limited. Changes to proposed useAgain it is tempting to leave any legal investigations to your advisor, however you should bear in mind that they may not fully appreciate what you intend to do with the site and that your specifics proposals may therefore not be taken into account. Also there may be evidence of complications, which you may want to investigate further: What is the access on the site like? Are there likely to be any problems with maintaining or rerouting the existing access or providing new access points to other parts of the site? It is quite often the case with rural premises that access tracks come with an easement rather than a Freehold ownership of the land. By the time you have got to this stage in your investigations you should be aware of whether you are purchasing a Freehold or Leasehold property; there may be limitations on use or future development for Leasehold premises. Is the property sold with an Agricultural Tie? This is a common issue with rural dwellings and ties are difficult to have removed. As mentioned it is well worth quizzing the vendor on their experiences of the property and the site, there could be for example footpaths or hidden costs such as agreed contributions to the upkeep of hedging, banks or roads. I have already mentioned that there could well be restrictions if the site is in an AONB or a National Park. If the house is listed, within a Conservation Area or simply within the curtilage of another listing building, you will also be faced with potentially significant limitations on use or adaptation. Needless to say any changes that you may wish to consider are probably going to require the relevant Planning and Building Regulation consents from the Local Authority. The need to obtain consents could also extend to changes of use from residential land to agricultural or vice versa. Obtaining the correct planning consent for land and buildings could well be critical in obtaining any grants or subsidies which you as a potential smallholder may wish to claim for.
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