Getting DA approval on someone elses property

[Reality Cheque]

Hi,

Just wondering if you can get DA approval for a property that is not yours?

Here's the deal. I've offered to buy my neighbors property on the condition that I have to sell mine first, which they have agreed to. No contracts or anything at this stage, just a yarn over the fence.

The neighbors property is able to be subdivided and I'd like to put in a DA on it whilst I'm waiting to sell my property.

If I've got all the info I need, can I get a DA approved for the property owned by my neighbor?

Thanks

RC

 

[Fourex]

Talk to council or your local surveyor but you should be able to do the whole subdivision process if your neighbour will give you permission.

The DA approval will most likely require a lot proposal plan and an application (here is where you may need your neighbour to sign giving you permission).

If you proceed to subdivide the property while still in your neighbours name you most likely need them to sign the lot proposal and have anyone else who is linked to the property (bank) give permission also to proceed.

I would either consult with a town planner first to confirm it is a goer than purchase the property before submitting an applicaiton. At the very least having a contract drawn up binding the neighbour to proceed with the sale if you achieve a subdivision DA.

Hate to have to go to all the trouble and hardwork only to have your neighbour change his mind with the sale.

Fourex.

 

[tcocaro]

You simply need their written consent however I suggest getting contracts finalised first because these verbal arrangements usually end in tears.

Hi,

Just wondering if you can get DA approval for a property that is not yours?

Here's the deal. I've offered to buy my neighbors property on the condition that I have to sell mine first, which they have agreed to. No contracts or anything at this stage, just a yarn over the fence.

The neighbors property is able to be subdivided and I'd like to put in a DA on it whilst I'm waiting to sell my property.

If I've got all the info I need, can I get a DA approved for the property owned by my neighbor?

Thanks

RC

 

[brendio]

Agree with the previous posters that all is needed is for the owners to sign the relevant applications, and that it be advisable to get a written contract before you start shelling out $$$ on consultants and council application fees.

Note that the DA is associated with the property, so if it is approved, but the sale doesn't go through for some reason (such as you not selling your place), it still stands and you would need the owner's permission to withdraw the DA, which they would not likely consent to, as they could sell to someone else with DA, which would likely increase the property value.

 

[Pa1nter]

Why make the neighbors property more valuable while it is still in their name.
You can do mine for me if you like,I'll sell it to you after you finish

 

[Reality Cheque]

Why make the neighbors property more valuable while it is still in their name.
You can do mine for me if you like,I'll sell it to you after you finish

If I couldn't subdivide the property I wouldn't go ahead. I can take the risk and buy it first and hope for approval or I can look at getting approval first.

Total cost for getting approval is $600, a small price to pay to know that I can do what I want to do with the property.


Rgds

RC

 

[Pa1nter]

If I couldn't subdivide the property I wouldn't go ahead. I can take the risk and buy it first and hope for approval or I can look at getting approval first.

Total cost for getting approval is $600, a small price to pay to know that I can do what I want to do with the property.


Rgds

RC

I now understand on what you are planning

 

[Fourex]

Sorry I still don't.

I would be surprised is you get DA for (or under) $ 600, but wish you well if you do.

Why you would not protect yourself by way of a written contract before:

a: You sell your house
b: You shell out any money

Even if you get DA approval there is a chance that there will be conditions required to be met to complete the process.

Unless your neighbour is a long time family friend or rellie you trust to the death.

The last time I trusted a neighbour to provide approval was as iron clad as you could get verbally however when it came to signing on the dotted line... well I am still waiting.

Best of luck.

Fourex.

 

[Reality Cheque]

Sorry I still don't.

I would be surprised is you get DA for (or under) $ 600, but wish you well if you do.

Why you would not protect yourself by way of a written contract before:

a: You sell your house
b: You shell out any money

Even if you get DA approval there is a chance that there will be conditions required to be met to complete the process.

Unless your neighbour is a long time family friend or rellie you trust to the death.

The last time I trusted a neighbour to provide approval was as iron clad as you could get verbally however when it came to signing on the dotted line... well I am still waiting.

Best of luck.

Fourex.

I've just subdivided my own place next door so I know what the actual costs will be. It's only a very simple subdivision and only cost me $650 to get approval and there were no conditions on mine. I'm wanting to do the same thing to the neighbors place which is the same zoning so I could be 99% sure of getting approval anyway. Was just wanting to look at the possibility of getting approval pre purchase.


RC


RC

 

[brendio]

If I couldn't subdivide the property I wouldn't go ahead. I can take the risk and buy it first and hope for approval or I can look at getting approval first.

So why not get a contract drawn up conditional on DA approval with the vendor agreeing to sign consent for you DA application? It would provide some certainty before shelling out your $600.

 

[Reality Cheque]

So why not get a contract drawn up conditional on DA approval with the vendor agreeing to sign consent for you DA application? It would provide some certainty before shelling out your $600.

Thats it. That's what I've been trying to get at. So the best way would be to make an offer on the property subject to the sale of my property and subject to DA approval of theirs. Now say I did this and couldn't get a satisfactory result on the sale of my property. What happens then? Can we just walk away?

I know the poperty is a goer but I'm not up to speed with the legal side of things.


RC

 

[Fudge]

I've just subdivided my own place next door so I know what the actual costs will be. It's only a very simple subdivision and only cost me $650 to get approval and there were no conditions on mine. I'm wanting to do the same thing to the neighbors place which is the same zoning so I could be 99% sure of getting approval anyway. Was just wanting to look at the possibility of getting approval pre purchase.


RC


RC

Wow, $600 for DA approval???

The IDAS forms cost more than that. What about getting done up building format plans / survey plans of plot, getting new title from government, getting council to seal plans for new title????

This would be at least $4,000.......wouldn't it?

What is your intention of subdivision? If it is for a new dwelling at the rear? Infrastructure charges will be 4 times as much.

Let us know your secret???

F

 

[Fudge]

Agree with the previous posters that all is needed is for the owners to sign the relevant applications, and that it be advisable to get a written contract before you start shelling out $$$ on consultants and council application fees.

Don't agree with this.

If your neighbours property is secured still by the bank, they have a say on what happens to and on the property.

They can actually prevent the subdivision to go through. It will be in the small print of your neighbours mortgage documents. (I haven't heard of them preventing it from being done though)

If they own outright, then I stand corrected.

I have had to get permission from my lenders to do a subdivision on a plot I own. (have just received word back from lenders to say it is all good. This has taken about 6 weeks.!!!)

Can't see this being any different.

The rules in your area may be different to up north where I am though.

F

 

[james_w]

I've just subdivided my own place next door so I know what the actual costs will be. It's only a very simple subdivision and only cost me $650 to get approval and there were no conditions on mine. I'm wanting to do the same thing to the neighbors place which is the same zoning so I could be 99% sure of getting approval anyway. Was just wanting to look at the possibility of getting approval pre purchase.


RC

RC

where is your area that's damn cheap for a DA

 

[brendio]

Don't agree with this.

If your neighbours property is secured still by the bank, they have a say on what happens to and on the property.

They can actually prevent the subdivision to go through. It will be in the small print of your neighbours mortgage documents. (I haven't heard of them preventing it from being done though)

If they own outright, then I stand corrected.

I have had to get permission from my lenders to do a subdivision on a plot I own. (have just received word back from lenders to say it is all good. This has taken about 6 weeks.!!!)

Can't see this being any different.

The rules in your area may be different to up north where I am though.

F

You would need the bank's permission to actually subdivide it, but we are only talking DA here, meaning you have no obligation to follow through and nothing actually happens to the title until you go through the rest of the process. So I would think there's no need to get the bank involved at this stage, and you the OP will buy it before subdividing it so will have his own bank to deal with then, if applicable. That's my opinion anyway on advice I've been given, but it is moot in our case because our block has no mortgage.

 

[boods99]

For $600 to obtain DA approval, why wouldnt the present owner just get it done and increase the value of his property before selling?

Something doesnt add up to me with all this.

Boods

 

[Reality Cheque]

Wow, $600 for DA approval???

The IDAS forms cost more than that. What about getting done up building format plans / survey plans of plot, getting new title from government, getting council to seal plans for new title????

This would be at least $4,000.......wouldn't it?

What is your intention of subdivision? If it is for a new dwelling at the rear? Infrastructure charges will be 4 times as much.

Let us know your secret???

F

I subdivided a 10 acre block into two 5 acre blocks. To get the DA approved it cost me $350 in council fees, $300 to submit a bushfire management plan to the RFS and I did the council plans myself.

Sure, it cost me about $7000 in total to get it surveyed, get a subdivision certificate from council, council service fees, new title etc.

But that all comes later. I'm just wanting approval at this stage.

RC

 

[Reality Cheque]

where is your area that's damn cheap for a DA

The property is in western NSW.


RC

 

[Reality Cheque]

For $600 to obtain DA approval, why wouldnt the present owner just get it done and increase the value of his property before selling?



Boods

Because they're dumb.


RC

 

[Fudge]

You would need the bank's permission to actually subdivide it, but we are only talking DA here, meaning you have no obligation to follow through and nothing actually happens to the title until you go through the rest of the process. So I would think there's no need to get the bank involved at this stage, and you the OP will buy it before subdividing it so will have his own bank to deal with then, if applicable. That's my opinion anyway on advice I've been given, but it is moot in our case because our block has no mortgage.

But in order to get the DA, you would need to submit an application for a reconfigure a lot (which is DA), which if it gets approved, won't the land be divvied up?

It is all part of the process.

I need to get survey and building format plan done to put through on DA application.

If I get a DA, doesn't the approval mean it gets seal stamped from council and the dept issues you with seperate titles??

A bit lost now.

F