By: Drew Hartanov
People find many creative ways to leverage a profit on real estate. One
possible way to turn a profit on a purchased property is to subdivide.
Subdividing your property can allow you to keep your home, by reducing
your lot size and selling it off. The process to obtain a permit to
subdivide may not be an easy or quick one, but if you're armed with the
right information and follow your application methodically, it's
certainly a possible and potentially profitable option.
First off, it's important to note that each municipality will have
their own unique application process for subdivision. This article
details the most common steps in the subdivision process, although the
process may differ from state to state, or town to town.
If you're looking into purchasing a property that you'll subdivide down
the line, do some investigating before hand. You'll need to look at a
survey of the land in question and look into the municipality's
subdivision requirements. The property your looking at subdividing will
have to satisfy certain minimum lot requirements according to your
municipality's application. Take note, that different areas of the same
town may have different minimum lot requirements. Doing such an
investigation can not guarantee that you'll be successful with a
subdivision application on a given property, but it can give you an
idea as to whether or not subdivision may be possible.
If you're looking into subdividing a property you already own, you'll
want to start with cross comparing your local subdivision requirements
with a survey of your property. If by dividing your lot into two, both
sections satisfy the minimum lot requirements, you're on the right
track. If this is not the case, check into minimum lot requirements for
differently zoned areas in your town. If there's a zone in which you
can satisfy the minimum lot requirements, you might consider applying
for re-zoning as a first step towards subdividing.
If the zoning code permits your lot, the next step is to check for any
subdivision ordinances that may make it impossible for you to do so.
These ordinances, for example, may require a particular amount of
frontage onto city streets. In some cases, new streets and utilities
will have to be installed prior to the sale of a lot within the new
subdivision. If you qualify under zoning and subdivision ordinances you
can then move onto the next steps.
If you've jumped through the above hoops and still seem to be standing,
the next step, typically, will be to hire a land surveyor who'll draw
up a plan of the prospective lot. If you talk with your local building
and zoning department you'll be able to get a good reference and sort
out how much the process will cost.
This plan will then go to the city, who may require numerous amendments
to your original plan. Likewise, they may not approve it. It's often
recommended that you talk with a local attorney who handles zoning and
land use matters, to help you through this process.
Another aspect to consider before subdividing is how you plan on making
your profit. When you subdivide, your property will be considered two
parcels. If you sell the land you're currently living on, you're
selling a primary residence and so are eligible to keep up to $250,000
in profits from the sale, tax free. On the other hand, if you're
selling the lot that you do not live in, this is treated as an
investment property, and you'll be taxed appropriately on it-- 15
percent capital gains, plus whatever your state charges for capital
gains tax.
One way to avoid the capital gains tax is through the 1031 tax free
exchange, or like-kind exchange. To defer taxes on the sale of this
property, you must purchase a different investment property for at
least the same price as the property you are selling. You'll need to
meet specific deadlines and have a third party intermediary hold the
revenue from your property in escrow while you find a replacement
property.
In the case of subdivision applications it's truly best to follow every
step with precision and accuracy if you want to be successful. This may
cost you up front, but you'll be rewarded in the long run.
Article Source: http://www.realestateinvestmentarticles.net
This article was provided by the writing team of Drew Hartanov.
Drew's in the Top 2% of Prudential Agents nationwide, and specializes
in the San Clemente real estate market. For San Juan Capistrano real estate listings and information on other incredible Orange County areas, visit Drew and his team at HartanovTeam.com.