You’ve found what looks to be a beautiful parcel of land. You love the location, the privacy, the trees and the light! The price seems like a steal. The views are enticing, and the land is advertised as “ready to build”. Your dream home awaits!
Not so fast. Discovering all the potential requirements (and possible pitfalls) of building on that land is not as simple as it might seem. Realtors’ training typically doesn’t equip them to ask the right questions or understand the full implications of land purchases for construction projects. Knowing the answers (or how to find them) and the impact on the time, cost, and feasibility of building on the land is not a skill most realtors are trained in; their main role is to locate the listing, sell the land and handle the legal contracts.
We’ve encountered numerous “land study” documents that were incomplete, outdated, or simply inadequate for even preliminary building planning. Real estate professionals work hard and handle a large volume of properties and (often anxious) clients. Within the scope of their training, they should attempt to disclose as much information as is available. That said, in-depth feasibility studies are not part of their training nor in their job description. Most real estate agencies use small print to note that they are merely representing information that they have about a piece of property but ultimately the buyer is responsible for verifying and understanding all information received.
So, where does that leave you and the land you’ve fallen for? Worst case–and we’ve seen it before–is that you purchase unbuildable land. Once you discover this, you must disclose the reasons the land is unbuildable (by law, in a real estate disclosure form) to any buyer you then try to sell your land to.
The buildability of a land parcel is subject to a complex web of interconnected factors. Zoning regulations and building codes govern the foundational rules for construction, while topography and natural features may require significant setbacks or preclude building at all. Environmental considerations, including flora and fauna, can substantially reduce the developable area. Additionally, neighboring properties and their private restrictions may restrict what you can build and where.
Many of these laws, restrictions and features are not apparent to the untrained eye. A comprehensive assessment often requires a detailed land survey, deep understanding of local codes and restrictions, and an accurate map or site plan before the limits and boundaries imposed are discernable. Moreover, these restrictions frequently overlap, adding to areas that are off-limits to development and creating a cumulative effect that further narrows the developable area.
Rhodes Architecture + Light performs comprehensive residential and commercial land studies, expertly guiding clients through the buying process to determine building feasibility. A thorough study of unbuilt land can be complex, and a professional consultation is essential as you get serious about the purchase of a lot.
On multiple occasions, we’ve seen land offered by reputable realty companies as “ready for your dream home” that was either unbuildable, or where construction was cost prohibitive. Sadly, we’ve had to break the news to a few clients who already fully closed on their properties before approaching us that their land was unbuildable due to slopes, environmental restrictions, a lack of utilities, or the local zoning and building codes. Performing thorough due diligence before the contract is signed is a significant investment and may be hard to quantify on a “maybe”, but we’ve seen first-hand how this can save time, money and heartache down the road.
On one occasion, Rhodes Architecture + Light, together with engineering and environmental specialists, spent an entire year and about $120K studying a piece of commercial land near Seattle selling for $4M. The buyer understood there was too much at stake to cut corners. As a residential land buyer, you may be looking at land with a $200K price tag. The question remains one of balancing risk and return: “How much do I invest in studying the land relative to the asking price, and what is the level of risk I am willing to live with after purchase?”
Negotiating a minimum 90-day feasibility period allows for comprehensive investigation and is a prudent first step in the land buying process. For most properties, this timeframe enables the buyer to gather or commission services that provide essential documentation and answers while mitigating any potential risks.
Asking the seller’s agent, in writing, what studies have been done in the past, why those potential buyers walked away, and if you can have all paperwork from those studies is a great second step.
When evaluating a potential land purchase, a myriad of questions arise, many of which can be addressed through information accessible to you or your agent. It’s crucial to secure your own agent—an advocate working solely in your interest—who can provide more reliable information than a seller’s agent and diligently pursue the finer details on your behalf. This dedicated representative becomes an invaluable asset in navigating the complex landscape of land acquisition, ensuring that you have a trustworthy source of information and a committed partner on your side.
We’ve broken these questions down into a few simple categories. While this list is large, it may not be exhaustive, and some of these questions could even uncover other lines of pursuit. A licensed Architect will know which rocks to turn over to help you avoid costly oversights.
Geographic + Physical Attributes
What is the size of the lot and how does that affect your ability to build?
How is the land zoned and what is that zone’s minimum lot size for the construction of a house?
What does the land’s zoning require for a single home?
Are there zoning provisions allowing more buildings, mothers-in-law or ADUs?
How big of a house can you put on the lot?
How is the size of your dream home limited by lot size and zoning?
Topography
Are there slopes and can you build on them?
What are the slope buffers and setbacks, if there are any?
What is the overall topography, and can this lend sizeable areas for the location of your home?
Are you willing to build a house into steeper land-forms and how does this impact your house design?
Are there valleys or low areas that may be defined as “riparian areas” (streams and rivers) or as wetlands?
Land Access
Can you get access and from where?
What are the rules for access in the local jurisdiction?
Can you build a drive and allow for parking?
Is fire department access possible? If not, do you need to fire-sprinkler your eventual home?
Do you need to share a drive or road? If so, are there maintenance codes/covenants and dues?
What is the cost of developing a drive, fire department access, parking and turn-arounds if useful or required?
Are there any easements on the property so neighbors have access to their land?
Is an easement required to access this property?
We worked with a client who was designing their dream home on a mountainside. The drive to access the house and garage had to be designed and built within specific slopes and widths and the access route necessitated blasting rock in places to create the drive. The client was surprised, after purchasing the land and siting their house at the perfect place for sweeping views, that the long drive would add many tens-of-thousands of dollars to the project. Surprise is not something you will savor after you’ve purchased the land and spent significant dollars on the required engineering and planning.
Environmentally Critical Areas (ECAs)
Are there ECA’s on the lot?
If there are, have they been mapped and the limits and setbacks/buffers defined?
Environmentally Critical Areas could include steep slopes, landslide-prone areas, poor soils, peat underlayment, radon-prone areas, streams and lakes and rivers, larger bodies of water and shorelines.
If there are no existing studies of the ECA’s possible on the land, the local county or city GIS mapping could be a source of this information. A full survey and Geotech report are likely necessary to define and plan around these ECA’s.
ECA’s are one of the largest pitfalls of unresearched land purchases. Environmental restrictions may require an understanding of the topography, boundaries, buffers required, and flora + fauna on or near the land. You can walk a lot and fall in love with it only to later discover (through a full land survey including all boundaries, topography and definitions of water bodies, slopes, buffers and setbacks) that you do not have a suitable area of land on your 4.5 acres large enough on which to put a house, drive, septic system, and the required parking.
We see many parcels of land for sale in the City of Seattle that are on slopes that the Department of Development and Seattle’s current land use code will prohibit all construction on. Yet these lots sit, year after year, advertised for sale and often documented with “potential” house designs and site plans.
Understanding slopes, soils and the stability of land is often complex and requires a detailed knowledge of the land, topography, local and state codes, geotechnical and soils studies, and a detailed understanding of how the local jurisdiction permits building on them as a result.
These documents are, however, erroneously often proffered at sale as “site plans”. You must know exactly what you are asking a surveyor to verify, record, and draw to even get a proposal for their services. It helps to have a knowledgeable Architect define the survey that is required by the land and by the jurisdiction when hiring a surveyor.
In one instance, we studied land that had a small dry gully and found that the land contained a seasonal stream. The stream required a full environmental study by a professional environmental engineering firm ($8,000 at the time) and the resulting stream, adjacent stream edges and significant setbacks or buffers from the water course and adjacent water plants and soils severely limited the areas where any construction (even a path) could be proposed.
Ultimately, the only way to fully define the land is to hire a full, detailed land survey. A survey showing all boundaries, topography, trees, utilities, (gas, power, electricity, water, sewer, storm sewer), adjacent property lines, access and roads, and even adjacent structures (if your view corridors are a concern) for your land may cost $3,500-$7,500 or more depending on the size of the parcel, topography, number of trees, ease of access, etc.. A detailed land survey is often the only way to ensure a legal basis on which to plan your site and the building on it.
A boundary survey or parcel map that only shows the property lines and adjacent rights-of-ways is not a detailed land survey.
Land Surveys
Is there a land survey of the lot/parcel available from the seller and was it done by a registered surveyor? Is it only a boundary survey or a full land survey?
Does the survey meet the local jurisdiction’s requirements for the basis for an Architectural Site Plan and permit application to build a house?
Environmental Contamination
Is there environmental contamination on the land or anywhere near it?
Past land use for occupations such as fuel oil storage, gasoline stations, or industrial uses may have left environmental contaminants such as hydrocarbons. Past dumping can leave you responsible for the cleanup of contaminants and even the soils on which these were left in the past (legally or illegally).
This is true even for adjacent land that could affect your land and its ground water and soils. This is an area to be aware of and if there are doubts, an environmental engineer is a necessity for the study and recommendations for mitigation and abatement of contaminants. If there are contaminants, often the seller is responsible for the clean-up (to a “no further action” designation by your State) so knowing what lies waiting on or below the surface of the land may make the difference between paying for abatement yourself or purchasing land that is already certified as clean.
Flora and Fauna
What types of flora and fauna live on or near the property?
Prior to permitting, is an arborist required to study existing trees, create a tree plan, and determine whether trees can be cut or must be retained?
If retaining existing trees is required, how many and how is this determined?
Are there specific sacred tree species that cannot be removed?
Is there a caliper size limit over which you must retain trees?
How will you design and build around the trees that you want to save or must be saved?
Protected trees may limit your building area significantly and many trees require setbacks during planning and construction as large as those tree’s drip lines (the edge of the visible tree foliage diameter) or larger.
Plants living on the land may designate wetland areas and many jurisdictions require that wetlands be found, defined, flagged, surveyed and set aside along with significant wetland buffers around the edges of the wetlands. The type of plants and wetland designation that results can increase the buffers required around the edges of a wetland required by your city or county. At a minimum, they include mapping of the trees, tree species, size, and a matrix showing their health. Again, it is necessary to fully understand the local requirements for the tree survey and report to get an arborist to provide a proposal and the complete services you will need when applying for your site development and building permit.
Are you going to be living with or near any animals? Protected species on or near the land may also restrict construction. In the Pacific Northwest, we have encountered bald eagle nesting sites within hundreds of feet of land we’ve studied that limited construction area and the time of the year in which any construction can be done. Salmon are also protected here, and fish-bearing streams may also require significant buffers. Specific areas have specific protected species of which you should be aware, or hire someone who is.
Neighboring Structures and Communities
What are the neighboring structures and/or communities?
Are there HOA requirements, and if so, what are they?
Neighboring structures near the boundaries of the land may also require building setbacks whether the neighbor’s buildings were permitted or not. Some codes (fire codes, for example) and many HOA’s (Home Owner’s Associations or covenants on titles noting HOA’s) require that structures be spaced apart specific distances and may require other design restrictions and codes to be met to build on the land.
HOA’s and certain privately-governed building communities can have significant design restrictions such as building size, massing, height, view protections, land use requirements or prohibitions, specific forms, and materials and finishes. These restrictions can significantly limit what you can do with and on your land. For example, if you want to park a recreational vehicle on your land you may find that covenants in your title prohibit it. Private design codes we’ve worked within also prohibited some roof forms, specific siding, roofing, window and exterior trim materials.
Community codes, covenants and restrictions often require specific drawings and exhibits which are presented to, reviewed, and critiqued by developers, neighbors, or board officers who are often not professionals and have no design background. Having your potential neighbors weigh in, and even influence, your dream home design can be arbitrary and very frustrating. Having the guidance of a licensed Architect can help you navigate this process with greater ease.
Design, Land Use, and Permitting
What is required to be studied and presented for a building and land use application at the local (city, county or state) jurisdiction?
Is a geotechnical engineering study required to understand soils and slopes/slope stability?
Is an environmental study required to understand wetlands, streams, or shoreline and associated boundaries and buffers?
What level of land survey is required on which to base these studies?
Are environmental improvements or rehabilitation required for areas of the land containing streams, wetlands, shoreline?
What do these improvements or rehabilitations require in appraisal, professional study and reporting and in mitigation?
What are local permit processes like?
How quickly are single-family homes permitted?
What are the fees for building permits, land use permits, fire department review, utility permitting?
How will you get water, sewer, electricity and gas to your dream home?
When preparing a building and land use application for local jurisdictions, various studies and assessments are required to ensure compliance with regulations and environmental standards. These may include geotechnical, environmental, and land surveys, as well as potential rehabilitation plans for sensitive areas. Understanding the local permit processes, timelines, associated fees, and utility connections is crucial for successfully navigating the application process and bringing your dream home to fruition.
Zoning
How does your local jurisdiction restrict the land?
What is the zoning of the land?
Has it changed recently or is there any process underway to change it?
Is the land governed by other land use codes and restrictions?
How will you design and permit your dream home?
What size of house is allowed? (And how is this measured: floor area or floor area ratio?)
Are there restrictions on the overall house footprint?
What setbacks from front, side, and rear property lines are required?
How tall can your house be?
Can you build separate buildings for a garage, shop, mother-in-law, or for rental?
Are other types of building allowed on the land, or on close, adjacent land?
Are there encumbrances on the title?
Are there other covenants requiring easements that cross or restrict your building on the land (for example for another neighbor’s access (drive), power, utilities view corridors?).
Are there other restrictions on the land that are noted in the title?
Does the zoning allow the subdivision of the land?
Does the local land use code contain requirements that the land developer/homeowner develop adjacent utilities, drives, streets, curb + gutters, utilities, other infrastructural improvements?
Zoning restricts the size of structures, the location and number of structures, and how structures can be built on the land. How your land is zoned by the city or county is critical to how you will be allowed to use it. Zoning restricts land use and the purpose of its buildings, as well as the number of lots or parcels your land can be divided into. Keep in mind that if you can subdivide your acreage and build four houses then your neighbors can too and one day you could wake up to the construction of a cul-de-sac in your private redwood forest.
A small single-family residential lot subdivision we completed east of Seattle required drives, walks, curbs and gutters, handicap crossing ramps, and significant street and utility improvements by our clients that cost $50K to professionally design and engineer, and $300K in construction costs to allow them to break off a second lot from their land for the construction and sale of one single-family home.
Utilities
What utilities are now installed on or near the land?
What was the basis of the design of these utilities?
How many bedrooms and bathrooms would be served?
What’s the max square footage allowed per the utilities available?
Will you need to budget the design and the installation of gas, electricity, communications, water, storm and sanitary sewer?
Is there city water or a well?
Is that well tested and approved by the local jurisdiction?
What is the expected flow rate and water quality of the well?
Are there required setbacks from the well for buildings and sanitary sewer or septic systems and are those defined? A well often has a very large setback from the drilled center point and a septic system cannot be built in this area.
Has a certificate of water availability been accepted by the local county/city permitting authority?
A licensed Architect can assess the capacity and limitations of current installations, evaluate the need for additional infrastructure, and help you anticipate potential costs and challenges associated with the complexities of utility development. This foresight is crucial in determining the feasibility of your project and in creating a realistic budget that accounts for all current and future utility installations or upgrades.
Sewage
Is there a sanitary sewer system available?
If so, what is the capacity that you can access or add to?
What are the soils like and how do they percolate sewage?
How large a septic field (lateral field dispersing sewage into the ground) is required based on number of bedrooms/bathrooms you want to build and the local soils and jurisdictional requirements?
Where will you locate a required future septic field?
Where will these two fields be laid out?
What type of septic system is required based on soils percolation and geology?
What are the considerations for settlement tanks, pumps, grinders, equipment and the location and cost of that equipment?
Sanitary sewers are often a big, expensive issue. If there is not a sanity sewer, you are will eventually need to construct a septic system. A future field of the same size as the current field handling all sewage is usually required, and septic fields and systems require setbacks/buffers. A licensed and locally knowledgeable septic designer/installer is a great resource to study this issue before you finalize the purchase you are excited about.
Storm Water
What are the storm water codes in the property’s local jurisdiction?
Will a stormwater study be required for development, and what does it need to include?
How will you collect, treat, store and release storm water?
In many jurisdictions, the handling of your storm water is now codified in very large and complex sets of laws. Storm water includes rainwater shed by roofs, drives, walks and paving. Most paving (even gravel and many “permeable” pavers) are considered by modern codes to be impermeable and therefore to produce storm water run-off that must be collected, treated, stored, and often released at a slow, controlled rate. Many codes require that storm water is detained (held on site and treated in site or released at a slow rate) and most now require a study to prove that the most sustainable method of storm water conveyance and treatment on site is applied. This is the professional purview of knowledgeable Architects and civil engineers. A feasibility study of the expected size, complexity, limitations and costs of the storm water system required helps you avoid being surprised by the design and construction costs of your storm water system after the land is purchased.
30 Years of Navigating Complex Feasibility Studies
These are some of the critical questions you’ll want to understand the answers to as you consider investing on a piece of undeveloped land. Land that was developed in the past, especially the distant past, may also require understanding these issues to more accurately predict the costs of design and planning, construction costs, and issues that preclude the development of the land in the way you’d like.
The good news is that as you define and understand the answers to many of these issues, you will be building a detailed database which may be sufficient to create a site plan for the planning and permitting of your dream house. And importantly, you will have peace of mind as you sign the purchase agreement and invest your hard-earned money.
Rhodes Architecture + Light has 30 years of experience guiding clients in land purchases including detailed feasibility studies for residential and commercial properties. We have an in-depth understanding of the issues presented here, and well-researched, current answers to the key questions you should be asking before signing a contract.
We’re happy to provide an initial professional consultation as you get serious about and focused on a particular piece of land. We offer a preliminary engagement package to perform much of the research outlined here which will position you and your project for success as you embark on the exciting journey of land ownership. And of course, we would love to help make your dream home a reality once this crucial research phase has been completed!
Continue exploring our blog and learn what Washington code updates mean for your project.