Estate layout approval: a housebuilder’s guide

New build developments come in all shapes and sizes but the one thing most will have in common is an estate layout plan. Where there is an estate layout plan, a crucial step for smooth plot sales is obtaining estate layout approval from HM Land Registry. This insight explores what estate layout approval is, the HM Land Registry’s requirements for the plan and what happens when estate layout approval is withdrawn. 

What is estate layout approval?

Estate layout approval is a service offered by HM Land Registry to developers and conveyancers which allows estate layout plans to be submitted for approval before registering individual plots. This allows any discrepancies or issues to be identified early on so they can be resolved prior to plot sales and registrations. Once approved, the plan (or extracts of the plan) can form the basis of the plot transfer or plot lease plans, streamlining the registration process. Estate layout approval can also speed up pre-completion searches (official searches) as the search can be made with reference to the estate layout approval and plot number without the need to submit a plan.

As well as estate layout approval, HM Land Registry will also approve the estate boundary of a development. This is a helpful check to ensure the development and all plots within the development sit within the developer’s registered title. Discrepancies with the registered title or plan can be identified early on and rectified.

As part of the site set up of a development, the legal team will submit the estate layout plan for approval of individual plots and the boundary. Once the plan has been approved, the estate layout plan approval and estate boundary approval will be included on the portal accessed by a plot purchaser’s solicitor. 

What are the HM Land Registry’s requirements for approval? 

Applications for estate layout approval must be submitted by: 

• the registered proprietor of the land,
• individuals entitled to register, or
• individuals acting with the consent of the registered proprietor. 

The estate plan submitted must meet the following criteria as outlined in HM Land Registry’s practice guide 41, supplement 5: 

• Be drawn to scale. The preferred scale is 1/500 although 1/1250 may be satisfactory if the plot boundaries are shown clearly.
• Include a north point and scale bar. Please note that if the plan shows a clearly defined extent that can be precisely related to Ordnance Survey, HM Land Registry may accept a plan without a north point or scale bar.
• Not include any disclaimers such as ‘for identification only’ or ‘do not scale from this drawing’. 
• The plan must be based on an accurate land survey.
• Sufficient Ordnance Survey detail is required to assist HM Land Registry in locating the area of the development. Details immediately outside the external boundaries of the site should be shown, for example, road names or other Ordnance Survey information from the registered title plan.
• The plan must clearly show the extent of each plot by a red line boundary and show the plot number identifying it. Where a plot has a parking space away from the plot boundary these must be separately identified on the plot plan by way of a prefix of ‘P’ before the plot number. Prefixes would also be required for any separate garage or carport.
• The plan must show buildings in their correct position on their plots and any access drives and pathways which form plot boundaries.
• Any common parts should be clearly indicated.
• For apartments the floor levels and extent of each apartment should be shown. Inset plans may be necessary where boundaries are of an intricate nature.

If plans do not meet the above requirements, they will be rejected by HM Land Registry.

What happens if estate layout approval is withdrawn?

Once approval has been obtained this often isn’t the end of the story. The HM Land Registry will survey the development during its build and any discrepancies between the build and the estate layout plan will be brought up, which may result in the previously granted estate layout approval being withdrawn. When a withdrawal is received, and the result of the survey is correct, there are often two options available:

• have a revised estate plan prepared to accord with the development as built; or
• arrange for the fencing on the site to be repositioned to accord with the layout shown on the current approved estate plan. 

Therefore, it is essential for housebuilders to ensure that the development is built in accordance with approved plans. If any changes are made to boundaries, it is important that plans are updated, and the site set up team is informed so that revised estate layout approval can be obtained. 

Final thoughts

As highlighted above, estate layout approval is more than a formality; it is a crucial step for efficient plot sales. By ensuring that the estate plan complies with HM Land Registry’s requirements from as early as possible, errors can be identified and rectified, speeding up the conveyancing process and helping reduce plan-related requisitions upon the registration of plots.