How to Buy Property and Build a House: Permits, Financing, and Liens

To buy property and build a house, you handle two separate transactions back to back: first you purchase buildable land, then you finance and manage the construction of the home on it. Most buyers move through the full process in 12 to 18 months, and the financing alone can require 20% down or more depending on the land and the loan. The payoff is control over every detail of where and how you live; the tradeoff is a longer, more hands-on path than buying an existing home.

Confirm the Land Can Actually Be Built On

Before anything else, verify that the parcel allows the home you have in mind. Call the local planning department and ask for the zoning classification. R-1 zoning typically permits a single-family home; agricultural zoning may cap dwelling size or dictate setbacks from property lines. If the zoning doesn’t fit your plans, you’d need a variance or rezoning, and approval isn’t guaranteed.

Pull the title report and read it for restrictive covenants and easements. A covenant can dictate minimum square footage, exterior materials, or whether you’re allowed an accessory dwelling. An easement gives someone else the right to use part of your land, often a utility running power lines or a neighbor crossing for road access. These restrictions bind every future owner of the parcel.

If the lot sits inside a planned development, there’s usually an HOA with an architectural review committee that must approve your plans before construction. These committees can reject proposals on aesthetic grounds alone: paint colors, roofing materials, fencing, landscaping. Request the full CC&Rs before buying so you know what design constraints come with the land.

Survey, Flood Zone, and Soil

Order a professional land survey. Lenders typically require one, and it establishes exact boundaries, catches a neighbor’s fence or driveway encroaching on your land, and flags topographic features that affect foundation placement.1Fannie Mae. Survey Requirements

Check the FEMA flood map for the property. Land in a Special Flood Hazard Area has at least a 1% annual chance of flooding, which means the home’s lowest floor must sit at or above the base flood elevation and the lender will require flood insurance.2FEMA.gov. Change Your Flood Zone Designation Coastal V zones add further elevation requirements on pilings or columns.3Federal Emergency Management Agency. NFIP Floodplain Management Requirements

If the parcel isn’t on a municipal sewer, pay for a percolation test during your due diligence period. The perc test measures how fast water drains through the soil and tells you whether the ground can support a septic system. A failed perc can make a lot unbuildable for residential use. A few hundred dollars spent before closing beats finding out after.

Line Up Financing Before You Make an Offer

Banks treat land loans differently from standard mortgages because vacant land is harder to resell if you default. Terms depend on whether the parcel is raw or improved.

  • Raw land has no road access, no utilities, and no grading. Lenders see it as speculative, often requiring 30% to 50% down with higher rates and shorter terms.
  • Improved land already has road access and utility hookups. Down payments usually fall between 20% and 30%, with better rates reflecting the lower risk.

Many buyers skip the standalone land loan by using a construction-to-permanent loan, sometimes called a one-time-close loan. This rolls land cost into the construction financing: one closing, one set of closing costs, and often a smaller total down payment. FHA-backed construction loans allow down payments as low as 3.5% for qualified borrowers. The catch is that you need approved plans and a licensed contractor lined up before the lender will close.

With a construction-to-permanent loan, you close once and the loan starts as a construction line of credit before converting automatically to a standard mortgage when the home is finished.4Fannie Mae. Conversion of Construction to Permanent Financing Single Closing Transactions During construction you make interest-only payments based on the amount drawn so far, not the total loan. Early on, when only the foundation has been funded, payments are modest. By the time most of the loan has been disbursed, those payments climb. Once the home is complete and the loan converts, you start regular principal-and-interest payments on the full balance.

How Draws Work

Lenders release construction funds in stages called draws, each tied to a milestone like completed foundation, roof framing, or mechanical rough-in. Before each draw funds, a professional inspector visits to confirm the milestone was met. This protects the lender’s investment and ensures your contractor is only paid for completed work. Expect four to six draws on a typical residential build.

Closing on the Land

Once you’ve chosen a parcel and have financing lined up, you submit a written purchase agreement with your price, closing date, and contingencies. Contingencies are your escape hatches: they let you walk without penalty if the land fails a perc test, the survey turns up boundary problems, or financing falls through. Don’t drop them to make an offer more attractive.

After both sides sign, you deposit earnest money into a third-party escrow account, usually 1% to 3% of the price. The money credits toward your purchase at closing. If you back out for a reason not covered by a contingency, you forfeit the deposit.

Escrow then runs a title search to confirm the seller owns the property free of liens, unpaid taxes, or other claims. Even a careful search can miss forged documents or undisclosed heirs, which is why title insurance exists. There are two policies: a lender’s policy, which your lender requires, and an owner’s policy, which protects your equity. The lender’s policy only covers the lender’s loan amount and does nothing for you if a title problem surfaces later.5Consumer Financial Protection Bureau. What Is Lenders Title Insurance An owner’s policy is a one-time premium at closing and is worth the cost.

You’ll receive the closing disclosure at least three business days before closing, giving you time to review every fee and loan term.6Consumer Financial Protection Bureau. Know Before You Owe – 3 Days to Review Your Mortgage Closing Documents At the closing table you sign the promissory note and deed of trust; the seller signs the deed transferring ownership. Once the deed is recorded with the county, you’re the owner of record.

Many states and localities charge transfer taxes when real property changes hands. Rates vary widely, and your closing disclosure will itemize what applies.

Design, Contracts, and Permits

Your architect or designer produces blueprints with floor plans, elevations, cross-sections, and structural specifications. The drawings need enough detail for a contractor to price the job and for the building department to verify code compliance.

With plans in hand you negotiate a construction contract. Most contracts come in two shapes. A fixed-price contract commits the builder to complete the project for a set amount, giving you cost certainty. A cost-plus contract pays actual costs plus a fee or percentage for profit, giving you flexibility to change things but less predictability on the final number. Whichever you choose, the contract should spell out scope, materials, timeline, payment schedule, and how change orders are handled. Your lender will want a copy before approving construction financing.7USDA Rural Development. Single Family Housing Guaranteed Loan Program Combination Construction to Permanent Loans

You can’t break ground without a building permit. Your contractor or architect submits the approved plans along with a site plan showing where the house sits relative to property lines, setbacks, and any protected environmental areas. Permit fees run as a percentage of total construction value, generally $1,000 to $3,000 for new home construction, with complex projects or high-cost areas running higher.

Permits expire if work hasn’t started or finished within a set window, often 12 to 24 months. A stalled project needs an extension before the permit lapses, or you’ll start the application over.

Many municipalities also charge impact fees on new development to fund water, sewer, stormwater, and road infrastructure for the new home. These range from a few thousand dollars to tens of thousands depending on location. If the lot lacks utility connections, tap fees to hook into municipal water and sewer are separate again. Budget for all of this up front because the bills come due before or during construction.

Insure the Project Before the First Draw

A half-built house is exposed to fire, theft, vandalism, and storms, and your homeowner’s policy won’t cover it because there’s no finished home yet. Builder’s risk insurance fills the gap. It covers the structure under construction and the materials on site, in transit, or in off-site storage. Most construction lenders require coverage equal to at least 100% of the home’s completed value before funding the first draw.8Fannie Mae. Builders Risk Insurance

Who buys the policy depends on your contract. In many owner-builder arrangements the responsibility falls on you. Confirm the policy covers full completed value and includes materials theft, which is one of the most common losses on residential sites. Builder’s risk policies typically last 6 to 12 months and can be extended if the build runs long.

From Groundbreaking to Certificate of Occupancy

Construction begins with site clearing, grading, and excavation. Significant earthwork may require a separate land-disturbance or grading permit on top of the building permit. After the foundation cures, the framing crew builds the skeleton of the house. This is when the project starts to look like a home and when most change-order requests arise. Changes at this stage are still relatively affordable; once drywall goes up, modifications get expensive fast.

Before walls are closed with insulation and drywall, the building department performs rough-in inspections on plumbing, electrical, and mechanical systems while everything is exposed. A framing inspection confirms the structure can handle local wind, snow, and seismic loads. If an inspector flags a violation, the builder corrects it and schedules a re-inspection before work continues. These checkpoints catch problems that would be hidden and much more expensive to fix once sealed up.

After rough-in passes, insulation and drywall go in, and finishes follow: cabinets, flooring, trim, fixtures, paint, landscaping. When the work is complete, the building official conducts a final inspection covering grading, drainage, fire safety, and overall code compliance. A passing inspection produces a Certificate of Occupancy, the official confirmation that the home is safe to live in. The Certificate of Occupancy also triggers conversion of your construction loan into a permanent mortgage with a standard repayment schedule.4Fannie Mae. Conversion of Construction to Permanent Financing Single Closing Transactions

Protect Yourself From Mechanic’s Liens

This is where owner-builders get blindsided. Even if you’ve paid your general contractor in full, an unpaid subcontractor or supplier can file a mechanic’s lien against your property. The lien is a legal claim on your home that can block a sale or refinance until it’s resolved, and in the worst cases a lienholder can force a sale to recover what they’re owed.

The defense is collecting lien waivers at every draw. Before your lender releases each payment, require the general contractor to submit signed waivers from every subcontractor and supplier who worked the previous phase. An unconditional lien waiver permanently gives up the signer’s right to file a lien for that payment period. Your lender may build this into their draw process, but confirm it and keep copies of every waiver.

In many states, subcontractors file a preliminary notice at the start of a project to preserve their lien rights. Receiving one doesn’t mean anything is wrong. It means that subcontractor is on record and should be tracked through the waiver process.

Taxes to Plan For

Interest on a construction loan isn’t automatically deductible like interest on a finished mortgage. The IRS treats a home under construction as a qualified residence for up to 24 months, but only if it becomes your main or second home once ready for occupancy.9Internal Revenue Service. Publication 936 – Home Mortgage Interest Deduction Within that 24-month window, construction loan interest may qualify as deductible mortgage interest. If construction runs beyond 24 months, you lose the deduction for the excess period.

The deduction applies to acquisition indebtedness, which includes debt incurred constructing a qualified residence.10Office of the Law Revision Counsel. 26 USC 163 – Interest For loans taken after December 15, 2017, interest is deductible on the first $750,000 of mortgage debt ($375,000 if married filing separately), subject to possible legislative changes in 2026 as certain Tax Cuts and Jobs Act provisions are scheduled to sunset.9Internal Revenue Service. Publication 936 – Home Mortgage Interest Deduction Interest on a loan for bare land before construction begins is generally not deductible as mortgage interest.11Internal Revenue Service. Real Estate Taxes, Mortgage Interest, Points, Other Property Expenses

Expect your property tax bill to jump once construction is complete. As vacant land, the parcel is assessed on land value alone. With a finished home on it, the assessor reappraises the property to reflect both. The reassessment usually happens in the next regular assessment cycle, or sooner where jurisdictions review new construction annually. Build the higher ongoing tax obligation into your budget from the start.

If you later sell the home, you may qualify for the Section 121 capital gains exclusion, which lets you exclude up to $250,000 of gain ($500,000 for married couples filing jointly) from taxable income. To qualify, you must have owned and used the home as your principal residence for at least two of the five years before sale.12eCFR. 26 CFR 1.121-1 – Exclusion of Gain From Sale or Exchange of a Principal Residence Construction time counts toward ownership but not toward use, since you aren’t living in the home while it’s being built.

Warranties and Your Window to Sue

New homes generally come with some form of warranty, though required coverage varies by state. The most common structure is 1-2-10: one year on workmanship and materials, two years on major systems like plumbing, electrical, and HVAC, and ten years on structural defects. For FHA and VA loans, the government requires builders to carry a third-party warranty protecting the buyer.13Consumer Advice – FTC. Warranties for New Homes

Most states also recognize an implied warranty of habitability for new construction, meaning the builder must deliver a home that’s safe and fit to live in. If structural defects appear years later, your ability to sue depends on two deadlines: your state’s statute of limitations (the time after discovering a defect to file suit) and its statute of repose (an absolute outer limit measured from completion, after which claims are barred no matter when you noticed the problem). Statutes of repose for construction defects commonly run about ten years. Keep every contract, inspection report, and warranty document indefinitely. If something fails later, those records are your evidence.