What is land entitlement

December 8, 2022
Picture of land suitable for land entitlement

Tell me the importance of entitlement.

Land entitlement is a legal process in a jurisdiction and is important because the theoretical criteria is aimed at facilitating the attainment and ensuring the harmonization of the development. The placement of homes adjacent to a car salvage facility is a violation of the rules and is the most important reason that the zoning system was started. The entitlements are important because they provide the jurisdiction with the ability to perform a more detailed inspection and to ensure that the project meets all the requirements set out in the proposed project or the overall plan as the case may be.

Assessing and Mitigating Risks

In order to achieve successful entitlement of our development projects, we will assess the risks. In other words, having the best people on your team can help reduce the concerns in the planning department and the city council. Understanding entitlement processes helps to minimize risks by guaranteeing that you are not surprised by the process. In terms of political and local risk, you should review any plans that were approved and rejected previously, or understand the needs and wishes of the area.

Tell me the difference between zoning and entitlement.

Zoning is a division in areas called zones within the jurisdiction. Several of these areas are assigned their own designation, which is bound by a set of regulations controlling the types and uses permitted, the intensity of development allowed as well as aesthetics relating to the proposed developments in particular areas. Zoning is organized into four broad classes agricultural, residential and commercial. This basic zoning designation contains many gradients and combinations and a common fabric for a community.

Who can get real estate entitlements?

Land entitlement can sometimes be discussed when assessing the development of raw land, but the basic rules are that any property can be modified for different use of the property. If you want a house to be built, you need permissions and approvals. Not all projects carry approval as required either. Generally, some cities are rigid in their standards of development. The scope or scale determines how to proceed with the project.

Entitlement process: A general overview

Because it's very complicated, the entitlement process will probably have the best explanation for why it works in detail for anyone who has never been through it previously. The basic element of the entitlement process is that the process should be relatively straightforward despite the lack of complications. When you are getting ready to enter entitlements, it is important not to forget some important points like:

Use permits

Conditional permits can be required to complete a certain type of project. These types of permits are typically requested if development can lead to a negative effect on nearby communities, including noise and congestion.

Examples of entitlements

Various types of rights may be applicable depending on a situation, including a number of them.

Why is entitlement important?

It is highly important because your project cannot proceed without gaining the approval of many regulators and local communities. Because this procedure is the key indicator if a project will progress, it is vital that you prepare fully. In any entitlement process, you'll probably get many answers from local residents and municipal authorities. You may have been refused a plan unless the answer is incomplete.

What is land entitlement?

Putting up an office building is simple enough to make moving dirt easy. I'm sure this would be easy. The journey between point A and point Z isnt so simple. Site planning documents must be drawn, detailed site due diligence must occur, and approval and permit must be obtained. Land entitlement is an authorised procedure in which the developer of real estate gets permission from the land owner.

Land entitlement explained

Entitlement generally takes 3 steps: the plan for building and safety permits is approved when the land has been purchased. Most conventional lenders require these approvals before investing in the next stage of constructing the new building. The entitlement is crucial for a landowner's development and it determines the permitted use and how far the property can expand.

Land entitlements. Definition

The land entitlement procedure is a legal procedure where a developer can obtain permission from the local council to develop his land. REMISTERS offers no professional advice. The information provided can have many different influences. Always speak with an expert lawyer before pursuing a case.

The entitlement process

In most instances the entitlement process is complicated or long, which is why preparing for it is important. It is best to first reach out to the planning department to clarify specific processes. Below is a brief description of typical entitlement processes to explain these processes.

Pre-application Meeting

A pre-application meeting can help you identify your due diligence deficiencies early on. It is highly recommended to complete this procedure before closing a new business transaction. You will need to take reasonable precautions to protect yourself.

Entitlement Risks and Challenges

Getting your entitlement application through is very difficult. They are divided into processes, and political/community risks. The risks associated with this project include political risks as well as community risks such as:

An overview of the land entitlement process

The term Land Entitlement describes an extensive process so it is essential that one understands how components need to be met to obtain legal approval.

Site plan approval

The plans provide a visual description of the current and proposed improvements which can be done as part of a project. In essence, site plans function as a guide to your site, including construction, utilities, and drainage in one plan, with landscaping as a part of it. Although it typically starts with sketches, a site planning plan can then be refined after consultation with planning departments at a prior submission meeting. Once a project has been developed, it will become formalized and ready for submission as soon as possible. Site plans need to receive complete approval before development can start.

Utility permits

If a place is not currently connected to utilities, it may require utility approval if the parcel has electricity, gas, water, or sewer. Typically the developers must direct contact utilities to do this for them. Several locations have been located such that utilities are no longer readily accessible and the outside upgrades required for the running of utilities are prohibitive. Generally speaking, in this situation, you can choose either an installation as well as a septic tank if you believe the soil is suitable. Permissions may be applied to the installation of the water wells and the septic system.


Zoning is one of many land management concepts in which local appointments determine the development regulation of the parcel of land in question. All permits for use are governed by a zoning order. Many municipalities apply zoning in the form of a system called zone districts – the creation of communities and specific neighborhoods in distinct overarching use zones. Zoning ordinances and ZONing district policies serve as an important means of constructing cities as efficiently as feasible. For developers, zoning rules can be very difficult.

Road approvals

Maybe it would be necessary to extend the existing right-of-access to your property. Maybe you build a new highway on your plan for development. In each case, road approval is required for construction. According to the way the parcel connects with the public roads, the developer may also have to obtain the property approvals for ingress and outflow from any organization that runs roads. A traffic impact study can also help you estimate a potential traffic impact.

Zoning variances

In many instances, development plans do not require full rezoning for their development. If your designs aren’t in compliance with local regulations, you could need a waiver or variance. Modifications can be required for exceptions to codes including building size limits or dimensions, building heights, or the number of buildings or setback requirements. Since variances are considered more administrative, local authorities usually handle these cases.

Conditional use permits

Zoning laws provide for some types of legal use of land. Sometimes some use may be allowed, but only if the conditional use permit is granted. Conditional use permits allow the developer to deviate from the ZONING code set of uses by not going through rezoning processes. Similar to zoning variance conditions of use permits are considered administrative and managed by the adjuster's bureau.

Landscape approvals

Initially, landscape approval seems odd. But every municipality must comply with several landscape regulations so that new developments and different neighborhoods maintain their own unique style. The proposed landscape plan needs approval prior to the construction of the project.

Land entitlement examples

In most circumstances, entitlements may need to occur to make changes to the property of the individual.

Zoning Text Amendment

Sometimes changes or requests for variances are not able to deliver the land owners' and developers desired results. Zoning text changes are often better options. In some cases, most code is merely permissible which means that only the uses on the permitted uses list are permitted to exist. If a specific zoning use isn't specified in the zoning code this is usually banned by supporting languages on the code. The landowner must also add that use to the permissible usage list to get approval. It's there where zoning text changes come in.

Zoning changes

Zoning on properties allows the construction or not to construct a building on the property, or allows for an activity that is unacceptable. Zoning affects many different neighborhoods and sometimes even one property. When an asset is not currently designated to the desired user, the owner is able to request a rezoned building as an entitlement. Zoning changes require public review from the Planning Commission and the City Council. Specific evidence is required to provide evidence to support the request.

Utility approvals

When the basic electricity and power supplies for the property can not be found, the owner may have to request approval from the town to supply both the water supply and the power supply. Almost everyone in a nation cannot permit a connection with a utility system with no approved land usage. In other words, you cannot use an existing water meter on the vacant property if the authority does not know how much it will be used for. They will have some entitlement even if the house is only one family.

Development Review

Sometimes called a development review or planning review, it is a requirement to undertake any horizontal development on an existing development site. Most often they are used in a residential development or multilevel development but in many jurisdictions, it might also apply to custom homes. The purpose of this process is the examination of developers' proposed projects against development standards in their code and planning documentation.

Minor Use/Minor Conditional Use Permits

Similar to Conditional Use Permits, minor use permits are required for certain uses of land which require more reviews but are not required by the Planning Commissions. Examples include martial arts training facilities or music instruction programs. A minor permit can also be used for a variety of projects that require greater scrutiny, including the haulage of soil as a result of grade operations.


Landscaping projects involving extensive modifications to the property, such as reshaping the property and building a new structure can require approval from the planning agency. These are particularly relevant in the case of multifamily and commercial buildings.

Subdivision map

Subdivision is a simple application that allows you to partition an area into two or more parcels. The case is formally shown in subdivision maps created by civil engineering and recorded by the county recorder. Once registered, all new lots are legal.

Lot Line Adjustment

Lot line adjusting refers to changes in property lines on an acre. A method is also possible for making an identical number of lots or smaller numbers than the previous one. This is useful for owners wanting a part of a property near them.

Tree removal permits

In several localities, certain trees are protected from the removal of their habitat, which is typically underneath a canopy. In most cases, replanting of trees is done with the removal of trees in order to reduce the impact of the removal.

Architectural Design Review

As their title suggests, these types can require the architectural transforming of typical commercial buildings. However, in certain communities, it is also required to restore a housing area in the Historic Preservation Area for instance.