The Split Investment Strategy: Benefits and Implications of Splitting a Property

Have you ever considered that your investment property could do more for you if it were divided? Title splitting allows you to segment your property into two or more independent assets, making it more flexible and appealing to different investors. Join us as we break down the advantages of title splitting, from rules to tax implications and the steps involved, showing how it can lead to increased financial gains and reduced risks.

WHAT IS TITLE SPLIT?

Title splitting is the legal process of dividing a single building title’s deed into multiple ones, thereby transforming one real estate asset into two or more legally separated properties. In this context, a ‘title’ refers to the legal ownership of a property. This strategy is popular among experienced property investors looking to amplify their returns.

Splitting the title of a property allows, for example, the sale or lease of sections of a property independently, adapting to the most lucrative market demands. This approach is particularly valuable in urban settings where land is at a premium, and the variety of property types offers diverse opportunities, such as converting a large house into multiple apartments or retail spaces.

WHY USE TITLE SPLITTING IN PROPERTY INVESTMENT

By dividing property titles, investors can diversify the property’s use and increase their earnings, making the most of every square foot. Title splitting offers strategic benefits, particularly in high-value areas:

• Increased Flexibility: By splitting a title, investors gain the flexibility to develop or improve sections of the property independently, tailoring to meet different market demands or specific tenant needs.
• Enhanced Marketability: Separate titles allow parts of the property to sell individually, potentially attracting a wider range of buyers and increasing marketability.
• Financial Gains: Dividing a property into multiple titles can lead to higher cumulative sale prices than selling the property as a single unit. Each segment can be optimised for its highest and best use, thus maximising revenue.
• Risk Mitigation: Title splitting can also spread investment risk. By having multiple smaller assets, investors aren’t tied down to the fortunes of a single property. This diversification offers protection against market fluctuations and tenant vacancies.

Title splitting is one of the many strategies in property investment; similarly to Co-living and HMOs, Buy-To-Let and the BRRR method, it requires a good understanding of not only the financial opportunities but the regulations and risks involved.

THREE ESSENTIAL RULES BEFORE SPLITTING A TITLE

Compliance and potential disputes are areas of risk for profitability in property investment. However, a solid understanding of the regulatory implications helps investors face complexities and safeguard against legal pitfalls. In the context of title splitting, this process involves various concerns of far-reaching impact:

• Planning Permission: Depending on the local council’s regulations, splitting a property title may require planning permission, particularly if the split alters the property’s use or affects local infrastructure.
• Covenants and Easements: Investors must thoroughly review if there are previous agreements limiting how the property or land can be divided or used. This includes restrictive covenants like ‘no short-term lets’ and easements such as those granting the right of way. 
• Lender Approval: Splitting a property title can affect a lender’s security on a loan; thus, obtaining consent from the lender becomes essential if the property is under a mortgage.

THE LAND REGISTRY PROCESS IN 7 STAGES

Splitting a property title is a regulated procedure that demands meticulous attention to detail across several stages. The process, which must be followed diligently, is outlined by the Land Registry procedures; because of its complexity, this is usually done in close collaboration with legal and property experts to ensure everything is done correctly. The method to divide a single title into two or more property titles involves:

1. Pre-application Consultation: Engaging with a solicitor or a conveyancing expert to understand specific local requirements and potential legal barriers.
2. Preparation of Documents: Investors must first prepare and compile all necessary documents, including detailed plans and descriptions of the property segments post-split.
3. Application to the Land Registry: The necessary documents and plans for splitting the title are then submitted to the Land Registry, along with the appropriate application form. The application must detail the division and the rights of each new title.
4. Fee Payment: A fee is charged to complete the application, the amount of which depends on the property’s value and the nature of the split.
5. Land Registry Review: The Land Registry examines the application and supporting documents to ensure compliance with legal standards.
6. Addressing Objections/Enquiries: The Land Registry may request clarifications or corrections, for instance, if there are objections (raised by interested parties) or errors (e.g. omissions) in the application. Investors must be prepared to respond to these inquiries, which may involve negotiating or modifying their plans to accommodate concerns raised during the review process.
7. Approval and Update: If approved, the Land Registry updates the record, creating new title deeds for each of the property’s recognised divisions.

Some title changes are lengthy processes, especially for the most complex application types—like dividing existing titles, registering a property for the first time and multi-title applications—with processing times varying between one and 12 months and, in many cases, over a year.

FINANCIAL IMPLICATIONS OF TITLE SPLITTING

Title splitting involves several costs that property investors must evaluate before making any significant financial commitments. To assess the feasibility of the investment, you should prepare a comprehensive budget that includes potential expenses and, ideally, some flexibility for unexpected costs.

COST BREAKDOWN OF TITLE SPLITTING

• Legal Fees: Hiring a solicitor to navigate the legal process and ensure compliance can vary widely depending on the complexity of the split.
• Surveyor Costs: A professional surveyor may be required to divide the property accurately and establish new boundaries.
• Application Fees: The Land Registry charges a fee for processing the title split, which depends on the property value and the nature of the application.
• Potential Planning Fees: If planning permission is required, there may be associated costs for submitting plans and securing approval.

TAX IMPLICATIONS OF SPLITTING A PROPERTY

Splitting a title can have tax implications; these will also vary depending on the property’s specifics and the split’s nature. Key tax considerations include:

• Capital Gains Tax (CGT): If the property has appreciated since its purchase, splitting the title and selling parts of the property may trigger CGT liabilities.
• Stamp Duty Land Tax (SDLT): New ownerships created through title splitting may be subject to SDLT, depending on the transaction value and other factors.
• Income Tax: If the split titles generate rental income, this income must be declared, affecting the owner’s income tax obligations.

If you’re considering title splitting for your property, you should consult with tax professionals to understand the tax implications, how you can optimise your strategy and ensure compliance with UK tax laws.

SPLITTING FREEHOLD TITLES TO LEASEHOLD FLATS

Splitting a freehold title into multiple leasehold flats is a tactical move for property developers and investors aiming to maximise the efficiency and profitability of a property. Here are the key aspects and steps involved in this process:

1. Understanding Freehold and Leasehold

• • Freehold: The owner of the freehold title owns the property and the land it stands on outright.
  • Leasehold: The leaseholder owns the right to use the property for a specified period, after which the property reverts to the freehold owner.

2. Legal Considerations

• • Planning Permission: Often required to change the use of the building or to make structural changes necessary for the conversion.
  • Lease Creation: Each flat will have its lease agreement, which details the terms under which the leasehold is granted, including duration, service charges, and ground rent.
  • Leasehold Reform: Recent discussions and potential legislative changes around the leasehold reform could significantly impact the terms of new leases and even ban this possibility altogether.

3. Development Considerations

• • Physical Division: The property must be divided into separate, self-contained units, each meeting building regulations.
  • Services and Access: Each unit must have independent access and separate water, electricity, and gas connections.

4. Financial Aspects

• • Service Charges: These are fees collected from leaseholders for maintaining common areas, building insurance, and repairs.
  • Ground Rent: The annual fee paid by the leaseholder to the freeholder as part of the lease conditions.

5. Registration with the Land Registry

• • New Titles: Each leasehold created must be registered with the Land Registry under its new title.
  • Documentation: Accurate plans and descriptions of each flat are crucial for successful registration.

6. Challenges and Considerations

• • Market Value: Converting a freehold into multiple leaseholds can significantly increase the property’s overall value, but it comes with increased complexity and potential legal challenges.
  • Leaseholder Rights: Leaseholders have certain rights that may include the right to purchase the freehold collectively, known as enfranchisement, which can complicate future dealings.
  • Regulatory Changes: Remember that the regulatory landscape is evolving, and a leasehold reform, such as banning the creation of new leasehold flats, could still limit this alternative for property investors.

7. Long-term Management

• • Managing Agents: Freeholders often appoint managing agents to handle the day-to-day management of the property, ensuring compliance with the lease terms and managing service charges and maintenance.

Splitting to convert a property into flats can be particularly profitable in urban areas where individual units may be more marketable and desirable than a single larger property. However, it requires careful planning, adherence to legal standards, and effective management to ensure long-term success and profitability.

SPLITTING LAND INTO MULTIPLE TITLES

Subdividing a property is a strategy relevant to different types of assets within the property sector. Similarly to residential and commercial properties, dividing land into multiple titles can enhance its marketability and increase its overall value. Considerations for a land split include:

• Zoning and Planning Permissions: Before splitting, verifying local planning and zoning restrictions is crucial to determine what uses are allowed for each parcel.
• Survey Requirements: Working with a qualified land surveyor to measure and mark divisions accurately is essential. This ensures the legal recognition of the new parcels.
• Infrastructure Considerations: Assessing access to roads, utilities, and other infrastructure is crucial as it may impact the feasibility and cost of development for the newly created parcels.
• Environmental Assessments: Conducting environmental studies to ensure that the land division does not adversely affect the area’s ecology or lead to zoning violations.

ASSESSING THE VIABILITY OF A TITLE SPLIT

Evaluating whether a title split is feasible and beneficial involves several critical considerations:

• Property Assessment: Conduct a thorough analysis of the property to understand its physical and legal constraints. This includes checking for any existing covenants or easements that might affect the split.
• Market Analysis: Research the local real estate market to determine if there is demand for the type of property you intend to create. This helps ensure that the split will add value.
• Financial Evaluation: Calculate the potential costs against the expected increase in property value post-split. Consider consulting with a financial advisor to get a clear picture of the return on investment.
• Regulatory Compliance: Verify compliance with local planning and zoning laws to ensure the proposed split is permissible under current regulations.

This stage is crucial for making an informed decision and setting the stage for a successful title split.

DEALING WITH POTENTIAL OBSTACLES IN TITLE SPLITTING

Efficiently managing the stages involved in title splitting requires strategic foresight and meticulous preparation. Here are common issues that arise from a subdivision of title:

• Legal Barriers: Issues such as title errors or property deed restrictions can hinder the splitting. Legal advice can help identify and resolve these issues.
• Planning and Zoning Limitations:Local authorities may restrict property use or density changes, affecting your ability to split the title as intended.
• Financial Limitations: The costs associated with splitting titles, such as legal fees, survey costs, and potential costs of building and infrastructure upgrades, can be substantial. It is crucial to plan accurately for these expenses in advance.
• Neighbour and Community Opposition: Local opposition can delay or derail planning permissions. Engage with the community early to mitigate objections and foster support.

By anticipating these challenges and preparing strategies to address them, investors can streamline the title-splitting process and minimise disruptions to their investment goals.

IS TITLE SPLITTING AN OPTION FOR HMO INVESTMENTS?

Combining title splitting with Houses in Multiple Occupation (HMO) investment strategies can be an opportunity to optimise asset use and increase income potential.

When you split the title of a large property into multiple HMO units, the rental yield can increase dramatically compared to renting out the property as a single unit. This approach not only maximises income but also spreads risk. As investors can deal with each part of the property independently, they gain greater financial flexibility and some protection from market fluctuations.

Typically, HMOs benefit from a diverse pool of buyers and tenants. That’s partly because of the strong demand for affordable and flexible housing options, which makes properties configured for multiple tenancies highly attractive in urban markets.

However, weaving title splitting into your HMO investment strategy requires meticulous planning and a robust understanding of the legal and market landscapes—as such, it is unlikely a choice for first-time property investors. Yet, if executed well, this approach can significantly enhance financial returns and diversify your property portfolio.

KEY TAKEAWAYS OF TITLE SPLITTING IN PROPERTY INVESTMENT

Title splitting can offer property investors a unique opportunity to maximise their assets and improve investment returns. Key takeaways from this exploration of title splitting include:

• Title splitting allows for more flexible management and sale of portions of a property tailored to market conditions and investment strategies.
• Properly executed, title splitting can significantly increase the value of an asset by enabling more effective usage or by increasing rental yields through multiple leases.
• Investors may consider title splitting as part of a broader investment strategy that includes considerations for market trends, local regulations, and long-term property management.
• Conduct thorough due diligence on the property and legal requirements. Understand the zoning laws, planning permissions, and potential market value post-split.
• The timing, type, and subsequent development must be strategically planned to capitalise on market demand.
• Title splitting can be a profitable strategy and a complex process; working with professionals specialising in property development and title laws is advisable.

At HMO Architect, we are dedicated to simplifying property development for our clients. We make sure that every aspect of your project is expertly handled, from the initial design and planning permissions to the final touches of construction. By partnering with us, you gain access to seasoned professionals and a network of trusted contractors who are committed to turning your investment into a success.

Don’t let the complexities of property and HMO development hold you back. Reach out to discuss your property strategy or start your project with the support of industry experts—reach out for a free discovery call, your first step towards a profitable and stress-free development journey.