Enforcing sales conditions
21st April 2017 at 12:36 pm #5613
I welcome any/all advice on the following.
I wish to offer my self build, serviced plot site with some but minimal conditions:
new owner to complete external build including front garden within 24 month of plot purchase.
How (if at all) can I effectively enforce such as the above condition.
I appreciate some forum respondents may wish to alter the 24 month timing, however; it is the enforcing I am concerned about.27th April 2017 at 3:24 pm #5616
Regrettably no replies to date.
I had particularly hoped that some LA Self Build Champions would have been able to assist.
I was of the opinion that public funds had been made available to selected LAs to determine ‘best practice’ which would then be made available to all wishing to offer Self & Custom home builds.29th April 2017 at 7:26 am #5618
Quintain: our Toolkit contains extensive advice in the Briefing Note on ‘Controlling the build-out of projects’ drawn from good practice which is currently under review. Regrettably we cannot advise on a site specific basis.29th April 2017 at 2:49 pm #5620
Thank you Admin1
I did not consider my question to be site specific and am surprised it has been considered so.
Please do not consider my question to be vexatious; I believe enforcement of such as completion date and similar conditions on a self/custom build site to be of paramount importance to the industry, self builders & LAs.
I had hoped by this date following the LA Vanguard public funding of some time ago answers or certainly best advice on such as these matters would be available at this time.
You state “drawn from good practice which is currently under review” is there a expected delivery date on the review.30th April 2017 at 8:39 am #5623
Quintain: please refer to our Briefing Note on ‘Controlling the build-out of projects’ which offers generic advice on controlling build-out. You might also want to look at Cherwell DC’s approach at Graven Hill (available online) which sets out conditions for plot sales which are now on the market. Stoke CC also has some experience of plot sales. Both Councils are DCLG vanguards and we refer to them in our Toolkit. Most other vanguards have to date not sold plots. If you want more info on lessons from the vanguards you might want to approach DCLG directly, but we are unaware of anything specific being published. The Toolkit is currently under revision and updates will be published online later in 2017. We cannot be specific about timings.4th May 2017 at 5:20 pm #5627
Thank you for your additional reply.
I have previously studied the infor’ you refer me to.
Again thank you5th May 2017 at 2:32 pm #5628
I require ‘reasonable endeavours’ to do things within certain timescales in my sales contracts however it is unlikely we would ever go to court to enforce due to the costs involved. There would be no pecuniary loss to us for people not complying so the only remedy available is specific performance. We will in future be adding a clause to allow us to buy back the plot at the price received if the build has not started by a certain date but once started there is not much we can do to enforce timescales.5th May 2017 at 9:51 pm #5629
I agree with your view on the difficulty of enforcement and my question clearly related to such.
I was hoping that the vanguard LAs who received large amounts of public funds to address such as these matters had successfully been able to answer by this time.
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