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Do you understand the principle of highest and best use?

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If you’re interested in getting involved in property development, or even if you’re keen to do serious renovations, there is an important principle you must understand.

It’s the basis of all feasibility studies and it’s called highest and best use.

Just like smart businesses try and maximise the return on their assets, so should you as a property investor.

And overlooking this principle means you won’t maximise the value of your development and get the highest return on your money.

So when I look at a potential development site I always ask myself “What is this property’s highest and best use?” because this will determine what that particular property is worth to me.

In order to determine the highest and best use of a property, any potential development proposal (or major renovation proposal) must pass a series of four tests.

Property Development

1. Is the proposed development physically possible?

Any potential use must be physically possible given the size, shape, topography, and other characteristics of the site.

For example, you’re not going to be able to build an apartment building on a standard suburban block.

Now this has nothing to do with the zoning (I’ll explain that in a moment).

Most of the time it boils down to engineering – the cost of constructing a 2-level basement on a site with poor sub-soil conditions may not be the best use.

2. Is the proposed development legally allowable?

Obviously, the proposed new use of the property has to be legally allowable.

The first hurdle is local government zoning.

All councils have areas:

  • where they encourage larger-scale development (usually around main roads and transport hubs),
  • areas where they discourage development such as heritage zones and
  • areas where they allow incremental development.

So while a particular plot of land may be large enough to accommodate three townhouses, the local government zoning (when taking into account setbacks, garden zones car parking, and driveways) may only allow a duplex development.

Then, certain uses may be forbidden by government regulations or prohibited by title restrictions or covenants.

You will find that most potential development sites are advertised as “STCA” (subject to council approval) which really means that any representation made by the selling agent is useless and you’ll have to undertake your own due diligence.

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Serendib News is a renowned multicultural web portal with a 17-year commitment to providing free, diverse, and multilingual print newspapers, featuring over 1000 published stories that cater to multicultural communities.

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