Legal considerations when subdividing land

Are you looking to expand upon your capital gains? The subdivision of a property is one of the best investment strategies when you are looking to build your capital gains. Subdividing your land could either be on a small-scale or a large-scale development. Regardless of how you decide to sublet your property it is vital that you are complying with all the legal aspects of subdividing. Here are a few legal considerations when subdividing land.

What is subdividing?

Subdividing land is the act of diving a parcel of land into two or more pieces. The subdivide pieces of land could be meant for sale or building development. Needless to say, subdividing is not an easy and straightforward undertaking. There are several variables to critically assess and consider. In addition to the multitude of obstacles you will face, it is also important the finer details associated with your subdivision. Some of the more notable considerations include:

  • Whether or not there are any legal issues that could have a bearing on your subdividing prospects.
  • Secondly, you have to assess if the subdivided lots can be adequately serviced by the existing utilities and infrastructure.
  • Another important consideration pertains to the land being able to sustain an increase of intensity as a result of the proposed development.
  • Finally, you have to take note of any impacting subdividing will have on existing buildings on the plot of land.

Applications and permits

The requirements for subdividing a plot of land are quite complex. There are numerous applications and permits required in the subdivision process. As such, the legal documentation can be overwhelming. To start with, you have to make an application to the relevant authority. Any proposed developments on the plot of land will require you to obtain planning permits. In addition, you and all future owners of the property will be required to be compliant with any laws relevant to the subdividing of your land. It is important to note that every country handles the issue of subdividing land differently. As such, it is important to do your homework and carry out sufficient research. This is essential to ensure that you are compliant will all legal issues associated with subdividing.

Common mistakes

  • One of the most common mistakes made in the subdividing process is losing track of council deadlines. This actually happens more than you realise and reflects negatively on you.
  • Another common mistake in the subdividing process is to underestimate the scale of the undertaking. You will need to be realistic in your approach, as well as hire professionals to assist you.

Subdivision lawyer

There is no question but you will need to consult with an expert property legal advisor. Your subdivision lawyer will be instrumental in helping you deal with the entire subdivision process. From planning permissions, to applications, dealing with your surveyor, and obtaining appropriate surveys, your lawyer will handle it all. Moreover, your subdivision lawyer will guide you through the various legal obligations you will have to meet. In addition, your subdivision lawyer will see to it that all relevant applications and permits are in order.

The above legal considerations for handling subdivisions are by no means conclusive. However, they should help put you on course for a successful subdivision.

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