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Selling a property - do you have to declare any negative impact by proposed developments

(6 Posts)
UnrequitedSkink Fri 19-Nov-10 14:59:43

Hi, this is currently a theoretical question, but my parents' house may be affected by some proposed wind turbines - something to do with light flicker from the sun shining through the blades and onto their property. They are thinking of putting the property on the market (not because of the turbines, just because they'd like to downsize) - is there a legal requirement for them to declare the 'flicker' to any buyers?

Thanks

minipie Fri 19-Nov-10 15:11:57

There isn't any duty to declare it when marketing the property, AFAIK.

There might be a duty to declare it further into the sale process though. It depends on what the buyer's solicitors' questionnaire says. Often it will have a question like "Do you know of any proposed developments which may affect the property".

If so then your parents should answer truthfully. (If they don't, and the buyer later finds out they lied, then - at least in theory - they could be sued for the difference in value or even asked to reverse the sale).

By the time it gets to the questionnaire stage, however, the buyer is often quite a long way down the buying path (spent money on legal fees etc) and so may decide they are willing to live with the issue. Or they might ask for a price reduction - in which case your parents would have to decide whether they are willing to agree, or to call the buyer's bluff and say no it's the agreed price or nothing and see what the buyer does.

The buyer may well find out anyway from looking at local council websites etc.

nocake Fri 19-Nov-10 16:06:56

Any planning application that affects the house should appear on a search done by the buyer's solicitor. As minipie says, it's then up to the buyer to either proceed, pull out or negotiate a reduced amount.

Batteryhuman Fri 19-Nov-10 16:23:47

It is up to the buyer to ask the questions. The local search will only show the planning history of their property and not adjoining property. However if they ask the right question, as minipie suggests, then your parents would have to answer truthfully.

mranchovy Fri 19-Nov-10 16:57:33

The buyer's solicitor will send you the Sellers Property Information Form which contains the following questions which you must answer honestly.

"Have you either sent or received any letters or notices which affect your property or the neighbouring property in any way (for example, from or to neighbours, the council or a government department)?
no / yes / copy enclosed / to follow / lost

3.2 Have you had any negotiations or discussions with any neighbour or any local or other authority which affect the property in any way?
(delete as applicable) no/ yes (please give details)"

So if you have received a letter from the local authority's planning department or the landowner next door about the proposed development then you have to disclose it; if you have read about it in the local paper or heard a rumour in the pub, you don't.

UnrequitedSkink Fri 19-Nov-10 20:43:52

That's really interesting, I suspected as much, but thanks all for responding!

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