Split Deeds with One Planning Permission for Two Houses

8 October 2018
by Archive User

Hoping someone can help.

My brother and I have got planning permission (via one application) to build 2 houses in Surrey. We are currently going through financing and have come to two situations, both of which need us to split the deeds into two entities.

1. Two separate applications for Self-build mortgage. Requires split the deeds into two, one under my name and one under my brothers name. As the planning permission was one application covering two houses, do we need to go back in to have these split? Would this be covered in a normal splitting of deeds?

2. Sell one of the parts of land incorporating one house, and use proceeds to fund the other part for our own build. Again, how would we go about splitting the plot (and planning) into two separate entities?

I have done quite a bit of research online but it is not entirely clear as cannot find people in an exact similar situation, so any help you can provide will be massively appreciated!

Many thanks
Antonne

One Answer

  1. Mike Dade says:

    On the question of splitting deeds, ownership and planning are two different things.

    The planning permission runs with the land and not the owner. So, if you split the ownership this would have no bearing on the permission.

    Selling off one plot would simply be a matter of splitting the ownership and creating a new set of deeds for both plots. In this situation the planning permission as it stands has the potential to get complicated and it may be advantageous to seek two new and separate planning permissions.

    This would involve making new planning applications, but it would enable the two plots to be developed independently, so probably worthwhile.

    Mike Dade, Build It expert.

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