Development Appraisals/ Legal & Regulatory Compliance (Submission) Flashcards

1
Q

When would you use a development appraisal?

A

When I need to calculate the land value for my client, assuming their appropriate profit margin, enabling me to understand the land value my client can offer.

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2
Q

Talk me through the development programme?

A
  1. Site purchase: site, assembly, VP, planning process and tender negotiations.
  2. Pre-construction period: site preparation, remediation, archaeological works.
  3. Construction period: construction of the buildings, this might be phased.
  4. Post construction period: sales period.
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3
Q

Positives and negatives of development appraisals over comparable analysis?

A

Development appraisals = take longer but much more accurate and are site specific.

Comparable land value analysis = every site is different, however this gives a quick approximate.

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4
Q

What is the Cash Flow used for in a development appraisal?

A

To allow a developer to understand the interest to be paid each month that the money is borrowed.

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5
Q

What effect does a longer and shorter construction period and the sales period have on development?

A

Shorter construction period = means you pay less interest on the development as you are borrowing money for a shorter time period.

Shorter sale period = can pay loan back sooner and accumulate less interest payments.

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6
Q

What sales rate did you advise originally on Edlesborough and what did you change it to?

A

After speaking to our sales team about the speed of sales at our comparable Sonning Common development, I suggested a sales rate of 1 dwelling a month initially. But changed it to 2 dwellings every 3 months.

Speak to local agents to see if you can obtain information on sales at other nearby sites if Shanly don’t have something close

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7
Q

What makes up purchasers costs?

A

Stamp duty (5%)
Legal fees (0.5%)
Agents fees (1%)

MOCK QUESTION

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8
Q

What is included in the total development cost?

A
  1. Site Preparation (e.g. tree removal & demo)
  2. Planning costs (including Section 106 & CIL)
  3. Building costs
  4. Professional fees 10-15%
  5. Contingency 5-10%
  6. Marketing costs = Marketing budget & Agency fees (2% of GDV for the sale and 0.5% Legal fees on sales)
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9
Q

Can you give me an idea of the £/sqft build cost for houses?

A

As of Apr 2023, BCIS average for a detached house was £156/sqft. This was 20% than Mar 2021.

Shanly Homes’s is confidential but it is significantly higher as we have a high specification of product and do not benefit from the same extent of economies of scale.

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10
Q

How do you/ your Commercial team estimate build costs?

A

They benchmark them against schemes we are currently constructing. As we are geographically focused in the South East, we can guage a good idea of predicted build costs from our current schemes.

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11
Q

What is actually included within the build costs?

A

Mainly labour, equipment and materials.

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12
Q

How do you account for market fluctuations in your appraisal?

A

Higher contingency for rise in build costs.

I would be careful not to over-inflate the predicted sales prices when undertaking the comparable process for deciding the GDV.

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13
Q

What is a contingency and why is it needed?

A

A contingency makes an allowance for unknown project risks. They can cover increased costs but also project delays and potential for future consultants.

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14
Q

How do you assess your level of contingency?

A

The level depends on the project risk and likely movement in build costs.

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15
Q

How do you cope with continually rising build costs in your development appraisals?

A

Assume a higher level of contingency.

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16
Q

What level of contingency do you assume in your development appraisal?

A

I usually allow a 5% contingency - but it depends on the level of information available and risk associated with the site.

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17
Q

Where do I think build costs are going? Why have they risen so much?

A

According to BCIS, build costs have risen 20% from 2021 to 2023. There are signs that the rise is beginning to slow, although there is still significant labour shortages.

They have risen due to high material demand and lower supply with the war in Ukraine impacting the supply chain and increasing energy prices.

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18
Q

What is VAT charged on?

A

VAT = Value Added Tax. Land is exempt from VAT.

VAT is charged on building fees and professional fees.

A landlord can choose to elect a property to charge VAT to recover VAT on their costs expended.

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19
Q

What is the Bank of Englands interest rate? And how will it impact the housing industry?

A

Recent increase to 4.5%. This means sales rate is likely to slow as it becomes more expensive to take a mortgage. This means buyers more likely to opt for the rental market.

In terms of development finance, higher interest rates make borrowing costs higher, hence meaning projects could become unviable.

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20
Q

Tell us about the Little Kimble outline consent?

A

Outline planning permission with all matters reserved for the development of up to 45 residential units.

The site was previously adopted in the Local Plan.

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21
Q

What are the differences between a development appraisal and a residual valuation?

A

Development appraisal is used to assess the viability & profitability of a proposed development.

Whereas a residual valuation is purely used to calculate the Market Value of land using market inputs.

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22
Q

What is affordable housing?

A

It is a form of s106 requirement under the Town and Country Planning Act 1990.

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23
Q

What is a s106 agreement? Why is it required? What legislation is it from?

A

It is a legally binding agreement signed by a developer in order to mitigate the site specific impacts of a development.

They are obligations such as the provision of affordable housing, infrastructure needs or public facilities.

Introduced in the Town and Country Planning Act 1990.

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24
Q

What is the main difference between s106 and CIL?

A

s106 are site-specific obligations such as providing affordable housing and determining working hours, whereas CIL is a fixed payment which facilitates offsite/ community contributions.

s106 is negotiable and CIL is not negotiable.

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25
Q

Where is a S278 from and how do they work? What did the Edlesborough S278 require?

A

It is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council to make permanent alterations or improvements to a public highway, as part of a planning approval.

I was required to consider the cost of a road traffic calming system. I showed the plans to my internal estimator and he estimated the cost of the work to be £50,000.

MOCK QUESTION

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26
Q

What other assumptions did you make on Edlesborough?

A
  • I assumed we would have to pile the site rather than using strip foundations do to the heavy tree coverage. I reflected this added cost within the build cost.
  • The pump station on site in order to pump the foul 120m up the road to a sewage connection point.
  • £10,000 cost for site tree clearance
  • No CIL payable in Aylesbury Vale
  • S106 costs of £210,000 as per the officers reports recommendations.
  • Land intro fee of 2% of the Land Value
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27
Q

On Edlesborough, were you required to consider finance costs? And if so, what finance interest rate did you use?

A

No, within our appraisals I assume my client borrows money from the Chairman. I can not disclose the amount rate set but it is similar to the industry average rate of borrowing which is around 7%.

This is the UK base rate of 4.5% plus a % premium depending on the risk of the development.

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28
Q

Difference between pile and strip foundations?

A

Strip = most common and used for grounds with good weight bearing capacity. Essentially is a strip of concrete under load bearing walls.

Pile = required where soil weight bearing capacity is poor. It essentially is large piled columns forced into the ground using a piling rig.

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29
Q

What are the different afforable housing tenures?

A

Shared ownership: circa 70% of MV
Affordable rent: circa 55% of MV
Social rent: circa 40% of MV

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30
Q

How did you go about obtaining offers from HA’s?

A

Send over the relevant units with an indicative Market Value and indicative programme for completion in order to compile the offers.

31
Q

How do you calculate GDV?

A

Market Value of all completed units for the scheme at todays date.

32
Q

What were the affordable housing requirements in Kimblewick? And how did the affordable housing effect the value of the site at Little Kimble?

A

The S106 required 50% affordable (22 units).

80% (18) of these affordable rent and 20% (4) shared ownership.

This high amount of affordable housing requirement lowered the GDV of the scheme and hence the Land Value I advised my client they could offer.

33
Q

On St Marks Cresent, why did you not have to account for affordable housing?

A

As RBWM council affordable housing policy is only applicable on 10 gross added units.

34
Q

What is CIL, what act introduced it and what is its purpose?

A

Community Infrastructure Levy

Introduced in the CIL Regulations (2010) - purpose of the levy is to ensure that costs of providing infrastructure to support development of an area can be funded by owners or developers of land.

35
Q

How is CIL calculated?

A

If CIL is charged by the Local Authority, then you check the charging rate (£/sqm) on the LPA website.

36
Q

What are the legal requirements within the 2010 CIL Regulations?

A

Development may be liable for a charge under CIL if your local planning authority has chosen to set a charge in its area.

A Commencement Notice must be served to the council prior to the commencement of development and CIL must be paid on the required payment dates.

37
Q

What does BCIS stand for?

A

Building Cost Information Services

38
Q

What is the basis of measurement for BCIS?

A

GIA

39
Q

What are some of the downfalls of BCIS?

A

Time lag
Low sample sizes
Costs are site-specific
Its not an ‘all in’ build costs
Outdated
Insufficient data
No all developers submit their tenders
All developers include various costs at various stages and therefore may not be directly comparable.

40
Q

What is not included in BCIS costings?

A

Contingencies
Professional fees
external works
VAT

41
Q

How do you calculate the Residual Land Value?

A

GDV - (build costs & developers profit) = RLV

42
Q

What is the Shanly Homes profit level?

A

I cannot disclose the Shanly Homes profit margin as it is confidential. However I appreciate the industry average is 20% profit on cost.

Our margin is high than the industry average, allowing to reflect the current market risk and uncertainty. This margin increases if we are looking at speculative opportunities.

43
Q

How do you reduce risk on a development appraisal?

A

Spend more time making my assumptions as accurate as possible rather than estimating them. Also apply a higher contingency or advise a higher margin.

44
Q

What abnormal costs can occur in a development?

A

Ground contamination
Piled foundations if necessary
Allowances for flooding
Ecological surveys

45
Q

What is development finance required for?

A

Finance is required for 3 elements:
Site purchase (including purchases costs)
Construction and other associated costs
Holding costs until the scheme is disposed

46
Q

Two main types of methods of development finance funding?

A

Debt finance - lending money from a bank
Equity finance - selling shares

47
Q

Difference in senior debt and mezzaine debt funding?

A

Senior debt: is the first level of funding.

Mezzanine: is for additional funding required over the normal LTV funding.

48
Q

What is meant by Loan to Gross Development Value?

A

This is the ratio of what a developer borrows compared to the cash they put down.

This is typically in the region of 60%. I.e. the developer borrows 60% and provides 40% of the finance.

49
Q

What is the ‘S-curve’ in development finance?

A

With development costs plotted on a graph, the S curve shows how the cumulative costs of construction rise (in an S shape). This can also be shown in a case flow and then enables a developer to calculate the interest they need every month.

50
Q

When would you undertake sensitivity analysis?

A

To show what a change in build costs or GDV would have on the performance indicators such as development profit & land value.

51
Q

Why might you need to undertake sensitivity analysis?

A

To see how the variables would change in different market conditions, such as:
- interest rates increasing
- build costs decreasing
- house prices rising

52
Q

How long did you decide your build rate was?

A

As a general rule of thumb for a quick appraisal:
Houses = 8 months + 1 week for every house.
Flats = 12 months + 1 week for every flat.

Otherwise you refer to the Build Director who will produce a detailed programme

53
Q

Can you give me an idea of the different levels of SDLT?

A

For non-residential:
£0 - £150,000 = Nil
£150,001 - £250,000 = 2%
Over £250,000 = 5%

For residential I know it is higher, I would check the govenments SDLT calculator.

54
Q

On Edlesborough, what level was the margin in your appraisal and does it differ from site to site?

A

I cannot disclose our margin however it is typically higher than the industry average. I would expect the average to be = 20% profit on cost

The margin does differ from site to site depending on how risky it is.

MOCK QUESTION

55
Q

Why do some developers use profit on cost rather than profit on GDV?

A

Profit on GDV is slightly less accurate as its purely based off sale value assumptions.

Whereas developers typically have more of an idea of what their build costs will be hence why profit on cost is used more.

56
Q

What is a financial viability assessment (FVA)?

A

Viability assessment allows a developer to assess if a site is viable (i.e. generates required profit?). If expected profits are shown to be below 20%, the developer can negotiate for the number of affordable dwellings to be knocked down.

57
Q

Why is it important to include a sensitivity analysis?

A

It is a very reflective way of indicating movements in the market and how this could have an impact on the appraisal.

58
Q

What are discussed for S106 negotiations?

A
  • These discussions take place directly with the planning officer.
  • Definitions should be considered, such as ‘commencement’ e.g. does this include site preparation works or is it the first ‘dig’.
  • Also when payments are required to avoid cashflow issues.
59
Q

Difference between affordable rent and intermediate/ shared ownership rent tenures?

A

Intermediate: Part buy, part rent. Buy a share of the property and the remaining is rented. In time the future shares can be bought and the property owned outright.

Affordable rent: These are fully owned by the Housing Association and are subject to control that requires the level to be no more than 80% of the local market rent.

Social Rent: The same as affordable rent bu these properties must be no more than 55% of the local market rent.

60
Q

What professionals are included within ‘professional fees’?

A

Architect
Engineers
Quantity surveyor

61
Q

What is CIL indexed to? And how do you calculate the current rate?

A

BCIS all-in TPI (Tender Price Index). This measures the trend of contractors pricing levels in accepting tenders.

Not all councils index it for you therefore need to find the index on BCIS website. Councils will often state the value when initially implemented which can vary significantly.

62
Q

What was the TPI indexation rate for the last quarter?

A

Q2 2023 it is provisionally at 382.

63
Q

How is BCIS all-in Tender Price Index calculated?

A

It measures the trend of contractors’ pricing levels in accepted tenders, i.e. cost to client, in the previous quarter (mid-quarter to mid-quarter).

64
Q

When is CIL exempt?

A
  • CIL is payable on Net Additional private space.
  • Exempt if it meets the criteria for charity purposes.
  • Exempt for private residential use (self-builders or primary residence)
  • Exempt on affordable housing.
65
Q

Key aspects of the Localism Act (2011)? What influence has it has on the UK planning system?

A

The Localism Act aim was to transfer power from central to local government by giving councils greater control through neighbourhood planning for example. Another feature is that developers are obliged to consult with local communities before submitting major planning applications.

66
Q

Key elements of the Neighbourhood Planning Regulations 2012?

A

Sets out the procedure for the preparation of neighbourhood development plans.

67
Q

What are regulation 14 and 16 of the Neighbourhood Planning legislation?

A

Regulation 14: require the draft neighbourhood plan proposal to be the subject of a pre-submission consultation before it is submitted to the local authority for independent examination. The consultation should last at least 6 weeks.

Regulation 16: When the statutory 6 week Publication and consultation period has finished the next stage of the Neighbourhood Plan making process is to appoint an examiner. The examiner will then issue a report, which could include some recommended changes to the draft plan. If this part of the process is successful the next stage is a public Referendum.

68
Q

What does the Independant Examiner consider when looking at a Neighbourhood Plan?

A
  • Is the Plan consistent with the national planning policy?
  • Is the Plan consistent with local planning policy?
  • Does the plan promote the principles of sustainable development?
  • Has the Town Council sufficiently engaged with the local community?

If the examiner is satisfied that it has, and considers the Plan meets the above conditions, then the Plan will go to a referendum of the local electorate.

69
Q

What weight can a Neighbourhood Plan play in local planning?

A

Neighbourhood Plans provide local communities with the chance to manage the quality of development of their areas e.g. by setting local design code guidance & suggesting that brownfield development should be the focus.

70
Q

Key features of the Beaconsfield Neighbourhood Plan?

A

E.g. proposed policy Beacon1 focuses on the Spatial Plan for the town. This being for the focus of new development to be ‘brownfield first’ and focusing on opportunities within the towns boundary, rather than the need to remove land from the Green Belt.

71
Q

What is a restrictive covenant?

A

This is a condition on land that restricts or prevents a specific action. E.g. Burnham Football club where there is a covenant relating to the land being used as a community asset.

72
Q

How do you remove a restrictive covenant?

A

If all parties who benefit from the restrictive covenant agree, a Deed of Release can be used to remove it.

If not, you can apply to the Lands Tribunal/ Upper Tribunal to have it removed.

MOCK QUESTION

73
Q

What would the upper tribunal look at in terms of reasonableness if you want to modify/ discharge a restrictive covenant?

A
  1. If the restriction is deemed obsolete as a result of changes to the property or the neighbourhood.
  2. If the restriction impedes the use of the land
  3. Agreement with the beneficiary of the restriction

Usually takes up to 24 months to get it removed.

MOCK QUESTION