Developing a site should be about reaping rewards for everyone concerned, but failing to carry out thorough due diligence beforehand could spell disaster. Before breaking ground, there are several steps developers should be taking.
Here’s a guide to those essential due diligence steps:
1. Examine Land Title Documents
Before purchasing or developing a site, it’s essential that you check all the relevant land titles. You’ll need to look out for agreements that might be affecting the land in relation to utilities apparatus: water, gas, or electricity for instance, and whether restrictions might apply that would affect your use of the land, e.g. easements and development clauses.
NB: If an overhead electricity line is subject to a wayleave, this is unlikely to be mentioned on the land title documents. It may be necessary to serve notice on the electricity company to flush out any existing wayleave rights (contact BTS for more information about this process).
2. Submit a ‘Line Search Before You Dig’
Underground utilities can pose a significant risk during excavation works. Submitting an application for a Line search before you dig (free of charge) will help you to:
- identify existing high pressure fuel and gas pipelines, water and sewer pipes, electricity cables, and telecommunications / fibre optic networks;
- avoid costly repairs and potential legal liabilities if this apparatus is subsequently damaged during the development works;
- avoid endangering workers and nearby residents.
3. Commission a Ground Penetration Radar (GPR) Survey
GPR surveys are a non-invasive method of investigating conditions below ground on a site. They can:
- detect underground pipes and cables;
- assess the condition of roads, bridges and other structures;
- identify buried drums, tanks and other potential contaminants;
- detect potential hazards and obstacles prior to the beginning of construction.
If you’ve identified apparatus on the site that hasn’t been referred to in your existing legal documents, you’ll need to look into this further. Utility companies and specialised services can map out underground infrastructure, enabling you to amend your development plans accordingly, or consider having the apparatus removed or diverted (contact BTS for advice).
For a fee, utility companies can provide details of the building restrictions that are specific to their assets, and once a suitable route has been agreed, they can provide a cost for diverting their apparatus. This will enable you to decide well in advance whether to pursue a diversion or claim compensation for incorporating it into your scheme.
4. Commission Environmental and Geological Assessments
These are essential, as they help to determine:
- Soil stability, water quality and drainage conditions;
- Surface and groundwater resources and the potential contamination risks relating to a new development;
- Biodiversity (the presence of protected plant and animal species in the area);
- Potential existing contamination risks;
- Air quality;
- Risks from natural hazards, such as landslides, earthquakes or flooding
Environmental and geological assessments are usually a legal requirement when preparing a planning application.
Bear in mind Regulatory Compliance and Permits
Before proceeding with development, developers must:
- obtain planning and building approvals;
- ensure the future scheme’s compliance with local planning policies;
- address any concerns regarding environmental impact ahead of time.
Failure to adhere to regulations can result in delays, fines, or even project cancellations.
No development will succeed without careful due diligence being carried out first. Neglecting to do so could incur huge expense. By checking land titles, conducting line searches, and commissioning GPR Surveys and Environmental Assessments, you will be minimising the risk of unforeseen problems, delays, and costs, all of which could place your development project in jeopardy.
Forewarned is forearmed! Contact BTS for more information and advice about any or all of the above. You won’t regret it.
