Tips for a Smooth Site Handover Process when Taking Possession under a Development Consent Order

In the delivery of any nationally significant infrastructure project, there is a quiet but critical moment: the point at which land changes hands.

It’s not as dramatic as a groundbreaking ceremony or as satisfying as a ribbon-cutting. But ask any project manager, contractor, or surveyor, the site handover phase, where land is taken from an affected party and handed over to a contractor, can make or break a project’s success.

So how do you get it right?

Using some lessons learned from my own experience working on several development consent orders here are several big ticket items to think about to ensure a smooth site handover process: watertight legals; being human; making use of proper documentation; and being crystal clear with contractors.

1. Possession Starts with the Legal Groundwork

Before stepping onto any land, make sure the legal authority to do so is watertight. This means verifying that:

• All notices have been served (which includes maintaining a clear record of delivery) correctly under the relevant order and any corresponding third party agreements; and
• Any agreed-upon timelines or pre-entry contractual obligations with the affected party have been met.

2. The Human Element is Non-Negotiable

Taking possession (either permanently or temporarily) shouldn’t be considered a formality, a few signatures and a green light. It often marks the end of a long and emotional journey for affected parties whether through voluntary sale, relocation, or compulsory acquisition.

Always maintain transparency, clearly explaining the process with affected parties and what you are trying to achieve so they know what to expect – bring them on the journey with you and invite them (or their representative) to participate in a joint site inspection to record conditions. I have found this instils trust and confidence, and can be particularly helpful in cases of temporary possession, as it can act as a baseline reference which all parties can revisit later to avoid disputes – if its properly documented…

3. Always Document the Pre-entry Condition

The importance of preparing and making use of proper site documentation when conducting joint inspections cannot be overstated — it protects everyone.

I have found best practice to include:

• Preparing a complete handover plan, that clearly identifies the boundaries of the land in question;
• Clearly identifying the possession day, to avoid any ambiguity later;
• Recording photographic evidence of the site’s condition and status; and
• Noting visible encroachments, structures, trees or vegetation, debris, existing (live or redundant) utilities

The outcome I typically aim for is a Site Handover Certificate, signed by all parties involved, which then acts as the baseline reference to return to later – particularly if the land is only being used temporarily and is scheduled to be returned to the affected party post-construction.

4. The Handover to Contractors Must Be Crystal Clear

Once the land is in your hands, it needs to be transferred to the chosen contractor (ideally on the same day) without ambiguity.

At this final stage I would normally issue a Contractor Handover Certificate, which should outline:

• The condition and status of the land at handover together with any known issues;
• The date of handover; and
• A plan of the site being handed over, with boundaries clearly identified giving the contractor a defined working.

As with a Site Handover Certificate a Contractor Handover Certificate should be signed by all parties involved (typically by the client and or their representative and their chosen contractor) on the handover day, which then places the responsibility for the site in the contractor’s hands.

If your project is approaching its site handover milestone(s), then get in touch with us today to discuss how we can support a smooth transition to possession and construction.