What does development mean in real estate?
Real estate development is the process of improving real property to increase its value. Real estate developers acquire and develop property into commercial or residential buildings.
Real Estate Development and the Law
Real estate development is an area of business that can involve complex legal considerations. Many developers working on residential and commercial properties, whether to build new properties, revamp old ones, or resell existing properties, must adhere to a variety of laws to ensure their projects remain compliant. A few of the legal considerations the average real estate developer must keep in mind include the following.
Developers must understand the local building codes and regulations, which are typically established by a local government. For example, a developer may need to obtain permits for projects involving land disturbances, setbacks from neighboring properties, or other zoning matters. It is important that the developer obtains the correct permits and abides by the regulations set by the local government; failure to do so could result in costly penalties.
Taxes and Compliance
Real estate developers must also be aware of existing tax obligations and any relevant regulations. There may be federal, state, and local taxes on their activity, as well as applicable zoning ordinances and tax abatements that may apply. Developers should consult a tax advisor or attorney to make sure they are in compliance.
If a developer is looking to buy property or lease land, they should be aware of any existing property rights they may need to acquire—such as hunting rights, mineral rights, or water rights—as these can impact the development project. Developers should also make sure the title of the land is clear and without complications.
When working on a development project, it is important to create legally binding contracts with all involved parties, such as contractors, lenders, and subcontractors. Effective contracts should clearly outline the terms of the development, including any deadlines, handover dates, payment schedules, and so on.
Developers should be aware of any environmental policies or regulations that could affect their development project. This can range from the managing of hazardous waste to ensuring the project complies with local air or water quality standards.
Real estate development is a complex process, and correctly navigating the legal considerations involved can make or break a project. To ensure the best possible outcome, developers should be familiar with local laws and regulations, stay in compliance with taxes, and make sure all contracts are complete, clear, and legally binding. By understanding the legal groundwork, developers can maximize their chances of success.