Self Build & Conversions

How can Russell & Russell help with a Self-build? 

Building your own home can be fraught with legal pitfalls. If you are thinking of doing this it is really important to seek advice at the outset to avoid problems down the line. Our property team includes specialist solicitors who can provide expert advice to clients looking to build a new dwelling. 

I need help so what should I do?

Start by giving us a call on 0800 103 2600 or complete an enquiry form and we will call you back. Our property team will be able to guide you through the entire process but here are some of the questions we are asked most often:

• What is a self-build?

  You may be building a dwelling yourself or you may be building with the assistance of tradesmen but you are effectively arranging for one or more dwellings to be built on land that you already own or on a plot of land that you intend to buy. Either way you need a property lawyer with the expertise to ensure that the title (ownership) is good and marketable free from restrictive provisions that would impact on your intentions and that all the necessary rights are in place and/or are created.

• What are easements?

  Rights are collectively referred to as Easements. There are many different types of easements and as plots are unique in their nature the requirements for plots differs. There are some basic essential easements that your plot will need to benefit from. You may need new, additional rights to those already in place. We can advise on the creation of those rights.

  For example, a right of way from the plot to the nearest public highway is obviously essential. If the right crosses third party land or is shared you will need a right of way and ideally a right to enter the third party land and maintain the access.

  Rights are also required in respect of services – electricity, gas, water, surface water, cables, conduits etc. There may be existing easements that you will benefit from but you may need a new right to lay new services and/or a right to connect into existing services. You may need rights in respect of the future maintenance and repair of services. 

  We will check what easements exist and what new rights need to be reserved. We will also check what easements burden your plot to see in any would hinder your proposed development of the site.

• What are covenants?

  Covenants are obligations placed on properties and their owners. They can be used to restrict the usage of properties. We will check the ownership for details of any covenants that might restrict the development what you have in mind.

• What is Overage?

  Overage provisions can be imposed by a seller of a property requiring that if a Planning Consent is obtained permitting further development of the site .then the original seller receives an additional payment at that time.

• New build Warranty?

  It is normal to take out a 10 year warranty when building a new dwelling. Lenders require a warranty so if you build without one it will not be possible to obtain a mortgage which it turn will make it difficult to sell the property and will affect its value. Not all warranties are the same and as a consequence some are more acceptable to the lender industry than others. That again affects marketability and value. We can advise you on the acceptability to lenders of different warranty providers.

• Do you offer a service on planning submissions?

  No, very few Solicitors have that expertise – you should employ a Planning Consultant to assist you in applying for planning. If you are buying a plot that already has a planning permission in place you should employ a Planning Consultant to advise you on its suitability and any possible issues implementing it. 

  If you agree to buy a plot subject to a suitable planning consent being granted we can advise you on the terms of a suitable conditional contract.

• When should I get finance for my project?

  It is best to get your finances in place before you put in an offer to buy the plot of land. Mortgages are more complex to arrange nowadays with tighter criteria so it is always best to be sure of your financial position before your offer is accepted.

• Will Russell & Russell provide a written fee estimate for my self-build or conversion?

  We always provide a written estimate at the outset of a transaction based on the information provided to us at that time, so that you know where you stand and to ensure that there's no misunderstanding between us at a later time. 

  In the case of property transactions we are usually able to offer a fixed fee for our time. We will quote a fixed fee for the work normally undertaken in a standard case and will provide you with a list of additional fixed fees that we would charge if you require additional work to be undertaken. Examples of this would be arranging a Title Indemnity Policy, preparing a Trust Deed or dealing with a Deed of Covenant. 

  We will always honour the fixed fee quoted unless the information relied upon by us at the time of the estimate was incorrect or it subsequently becomes apparent that there's an aspect of the transaction that will significantly affect the amount of time that has to be spent by us – in either case we will notify you of any such development before we proceed further. Examples of circumstances that might change the cost would be if the property is a flat, not a house as you initially informed us, if a lease extension is required or if the ownership is defective and remedial action is needed. For a free quote and breakdown of related disbursements known at this time, please use our quote enquiry form.

  In addition to receiving instructions direct from buyers and sellers, we also work alongside brokers, referrers and property agents who refer clients to us. If we have agreed to pay to them a referral fee for recommending us to act for you then we will disclose the amount to you and we will pay the amount involved to the referrer out of our fee.

• Does my location, or that of the property, matter?

  No, your location is irrelevant – we can act for you whether or not you are local to our offices. Verification of identity can be dealt with electronically and you can on-board (instruct us) by completing documents on our Portal. If face to face is needed we also have the facility to use Zoom and/or Teams video conferencing if you cannot get to one of our offices. 

  The location of the property you are dealing with is also irrelevant as the same principles apply to properties across all of England and Wales.

• Will I have a direct contact number and email for my conveyancer?

  Yes, we will let you know the name and direct contact details of the person who is primarily dealing with your case when you become our client. That person will have support and also a Supervisor.

• What happens if I need to speak to someone out of normal office hours or at a weekend?

  We operate an out of hours, seven days a week service so you can speak to us in the evening or at weekend if you need to. The number to call is 07884 067 920.

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