Will I get in trouble for non disclosure?

(8 Posts)
Babygotblueyes Wed 16-Jun-21 08:52:11

I live on a street of terraced houses very close to the centre of the town I live in. I am in the process of selling, one of the reasons being that the parking is difficult as people shopping in town, going to a nearby pub, gym and restaurant all use the street to park on. When my buyers came round I told them parking could be a challenge. I got a couple of questions from their solicitor, one of which asked if I received any correspondence about a proposed extension to the restaurant. I said I had not. Today I remembered that a few years ago when they first submitted their plans, I lodged an objection on the grounds they had made no provision for parking, but stated there was plenty of parking around.

Am I going to get in trouble for non disclosure? I did not get anything back from the planning department, or any information about the plan that was accepted, or any correspondence from the restaurant. And I did tell them parking could be difficult.

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Cs80 Wed 16-Jun-21 09:28:52

Maybe go back to your solicitor explain that you have just recalled this, and stress that you had discussed the parking challenges with the buyer. Your solicitor can then proceed as they see fit. I’d say it’s highly unlikely you’d get in any trouble - or indeed this is ever considered again - but that way you’ve done the right thing IMO. That said the buyer can see with their own eyes if parking is tricky!

Bluntness100 Wed 16-Jun-21 09:31:21

The solicitor may have found your objection when they did their searches, as it will be on file. So I think go back now and say you’ve just remembered.

GreyhoundG1rl Wed 16-Jun-21 09:31:59

That should come under planning searches, surely? It's not up to you to "disclose" other people's planning submissions, they're freely available to anyone affected by them.
I really wouldn't give it another thought.

Livingintheclouds Wed 16-Jun-21 09:51:45

But was your objection to the original proposal to the restaurant or to an extension? Objecting to the original proposal is not what the solicitor asked. If your objection was to an extension, then yes say you did have some correspondence but as it was some years ago you only just recalled it.
Frankly I don't see what difference it makes if you did or didn't, or whether you objected.
As for parking, did they ask if it was difficult to park or did you volunteer this information? This is why it's never good for an owner to show viewers around!

Babygotblueyes Wed 16-Jun-21 10:16:30

@Livingintheclouds. I told them when they came to look around, in the spirit of being honest. Like I also told them that the cellar got damp and probably needed to be tanked. I just didnt want any come back from them. My objection was that the planning proposal stated there was ample parking and that I could not see that there was any extra provision for this, and that parking in the surrounding streets could be difficult.

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VeniVidiWeeWee Wed 16-Jun-21 13:07:55

@GreyhoundG1rl

You need to declare "any proposals to develop property or land nearby, or of any proposals to make alterations to buildings nearby" on form TA6.

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Babygotblueyes Wed 16-Jun-21 16:22:28

VeniVidiWeeWee

*@GreyhoundG1rl*

You need to declare "any proposals to develop property or land nearby, or of any proposals to make alterations to buildings nearby" on form TA6.

That was done. I just forgot that I had lodged an objection to it a few years ago. they went back and changed the proposal and I did not object again. I guess that is why I forgot.

OP’s posts: |

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