What to Check Before Buying Land to Build in Trinidad & Tobago

Why check before you buy

A lot can look perfect and still be the wrong place for the house you have in mind. It may not be approved for residential use, it may not be a lawfully created plot, it may flood, or its slope and shape may make the design far more expensive. Finding that out after the purchase leaves you redesigning around the land — or unable to build at all. A few checks beforehand cost very little by comparison.

1. Title and ownership — with your attorney

Land in Trinidad & Tobago is held under two systems: common-law deeds, registered under the Registration of Deeds Act, and title registered under the Real Property Act (a Certificate of Title). The Registrar General's land registry holds the records for both.

Land documents for registration are prepared and signed by an attorney-at-law. Have your own attorney investigate the title before you commit — including searches of the Registrar General's records for deeds, mortgages, caveats and certificates of title.

Be cautious with Certificates of Comfort. DevelopTT's guidance states that a Certificate of Comfort is not a legal document and will not be accepted in place of a deed or certificate of title for planning purposes.

2. Approved use and whether the plot is legitimate

Two questions matter more than most people expect: what the land may be used for, and whether the plot itself was lawfully created. A deed or survey plan on its own doesn't answer the second one.

The Town and Country Planning Division's Status of Land letter, requested through DevelopTT (opens in a new tab), confirms:

• The purpose for which the land can be used
• Whether the parcel is bona fide — a lawfully created plot
• Whether there are existing planning approvals on the site

The request needs the deed or certificate of title and a cadastral sheet or survey plan. If you're buying a lot in a new development, this is also how you find out whether the subdivision was approved — buying into an unapproved subdivision can leave you unable to get planning permission for a house.

Our Town and Country Planning guide explains how planning permission works once you own the land.

3. Boundaries, size and shape

Get the survey plan and check that the boundaries, area and dimensions match what you're being sold. Survey plans used for planning applications must be signed by a licensed land surveyor, and the Land Survey Board publishes the register of licensed surveyors each year.

The Surveys and Mapping Division keeps cadastral and topographic maps and provides online services, including a public map viewer, that can help you see how a parcel relates to its surroundings.

Then consider how a house would actually sit on it. A narrow or irregular lot, once boundary setbacks are applied, may leave less buildable area than the total acreage suggests.

4. Slope and ground conditions

Sloping land can make a beautiful site, but it affects cost and approvals. DevelopTT asks for topographical information for hillside development and steeply sloping sites, and the site plan must note any previous excavation, earth-fill or land slip. Steep sites may need retaining walls, stepped foundations and engineering input — see when drawings need an engineer.

5. Drainage and flooding

Find out whether the land or its access road has flooded before. Look at where water runs across and off the site, whether it sits lower than its neighbours, and how close it is to rivers or watercourses.

Drainage is part of the approval process: the Drainage Division advises on flood-prone areas, watercourses and river setbacks, and the Ministry of Works states that final drainage approvals are provided by the Regional Corporations. A planning application's site plan must show the existing and proposed site drainage.

6. Road access

Confirm how you'll legally reach the land. A lot reached only across someone else's property, or by an informal track, is a risk. The Highways Division gives approvals for road access and advises on road setbacks, which can also reduce how much of a lot you can build on.

7. Water and electricity

• Water: WASA's new service requirements are for properties with access to a water main. For vacant land, the application needs a cadastral map approved by Lands and Surveys. Ask how far the nearest main is.
• Electricity: opening a T&TEC account requires proof of ownership and an electrical inspection certificate from the Government Electrical Inspectorate. T&TEC also advises on setbacks from high-voltage lines, which matters if lines cross or run alongside the lot.
• Wastewater: if there's no public sewer, the site will need room for an on-site system such as a septic tank and percolation area, which must be shown on the site plan.

8. State land

State land is managed by the Commissioner of State Lands, whose division monitors unauthorised occupation, and developing state land requires the Commissioner's approval. Be very careful with any offer to sell occupied or "comfort" land — take legal advice before paying anything.

A site assessment before you commit

If you're serious about a particular lot, it's worth having it looked at with your intended house in mind before the purchase is final. Checking how a design would fit, what the slope and drainage imply, and what survey information is missing is far cheaper than redesigning — or discovering a problem — afterwards.