Entitlements
Real Estate Entitlements: The Key to Successful Development
Entitlements are one of the most underappreciated yet critical aspects of the real estate development process. Securing the right approvals and permits can be one of the most challenging and time-consuming steps in acquiring land, redeveloping a property, or confirming the allowable use of existing structures.
At Cullina Management, we understand that real estate entitlements are essential for ensuring compliance with zoning laws, land use regulations, and development requirements. Without the proper entitlements, a project may face costly delays or even become infeasible.
What Are Real Estate Entitlements?
Entitlements are specific permissions granted by a governing agency that dictate how a property can be used. Unlike general property rights, which apply universally to all property owners (such as protection from unlawful searches and seizures), real estate entitlements are unique to each parcel of land and its intended use.
Entitlements apply to both improved properties (those with existing structures) and unimproved land. However, they are particularly crucial in vacant land acquisitions and redevelopment projects, where zoning laws and land use regulations may restrict or modify development potential.
Understanding the Role of General Plans in Entitlements
Entitlement requirements are typically based on a city or county’s general plan, which establishes long-term land use and development goals. These plans define areas designated for residential, commercial, industrial, and open space development, guiding future growth and ensuring sustainability.
Key Planning & Regulatory Documents Affecting Entitlements:
✔ General Plans – Establish broad land use goals over several decades.
✔ Zoning & Land Use Regulations – Provide specific guidelines for property use.
✔ Building Codes – Define construction, materials, and maintenance standards.
✔ Architectural Review Boards – Assess compliance with design standards in some communities.
✔ Covenants, Conditions, & Restrictions (CC&Rs) – Private agreements imposed by developers for residential and office parks.
✔ Building & Grading Permits – Required for new construction, renovations, and landscaping.
Each of these regulatory frameworks influences the entitlement process and determines whether a proposed development is feasible or requires additional approvals.
Common Real Estate Entitlements
The specific entitlements required will vary depending on state, county, and city regulations. Below are examples of entitlements typically needed for a custom home or commercial development:
✔ Subdivision Map Approval (Tentative & Final Maps)
✔ Architectural Design Approval (Per CC&Rs or local requirements)
✔ Grading Permit (Ensures compliance with grading and drainage regulations)
✔ Tree Removal/Relocation Permit (Required for developments impacting vegetation)
✔ Building Permit (Approval for structural construction & modifications)
✔ Utility Connection Permits (For water, electricity, gas, and sewer connections)
✔ Sewage Disposal System Permit (For properties requiring a septic system)
Supporting Studies & Reports for Entitlements
Before a governing agency grants entitlements, developers must submit documentation proving that the land is suitable for the proposed improvements. The following studies and reports are often required:
✔ Boundary & Topographic Survey (Determines property lines and land elevations)
✔ Phase I & II Environmental Reports (Assesses potential ground contamination risks)
✔ Geotechnical & Soils Analysis (Examines soil stability for construction feasibility)
✔ Tree & Surface Vegetation Inspection (Identifies protected or hazardous vegetation)
✔ Perc Test Report (Required for septic system installations)
✔ Well Testing Report (For properties reliant on groundwater sources)
✔ Site Preparation & Building Plans (Detailed plans for grading and construction)
✔ Architectural Review (Compliance with zoning & design standards)
Since each development site is unique, the required entitlements and studies may vary significantly based on location and project type.
Who is Responsible for Obtaining Entitlements?
Securing entitlements is typically the responsibility of the developer or property owner planning the project. However, in many cases:
✔ Sellers may conduct preliminary inspections or studies (e.g., environmental testing) to make the property more attractive to buyers.
✔ Developers may require entitlements to be in place before purchasing land, ensuring the project is feasible before committing capital.
✔ Option contracts or extended escrow periods allow buyers access to the property for entitlement approvals before finalizing the purchase.
At Cullina Management LLC, we specialize in navigating the complex entitlement process to streamline development approvals, mitigate risks, and optimize land use potential.
Why Choose Cullina Management for Real Estate Entitlements?
Cullina Management LLC provides expert guidance in real estate entitlements, zoning approvals, and land development planning. Our team works closely with local governments, regulatory agencies, and private stakeholders to ensure successful project approvals.
✔ Expertise in navigating zoning, land use, and entitlement regulations
✔ Strong relationships with municipal planning departments & regulatory agencies
✔ Experience with environmental impact reports & compliance requirements
✔ Proactive approach to securing approvals efficiently & minimizing delays
Contact us today, Text (208) 212-0301 to discuss your project and let us help you secure the entitlements needed for your real estate development success!