To not declare knowledge of planned estate

[Wouldthisbefraud]

Selling house. An estate is being planned behind it. I’ve just been putting the legal
pack together and it asks if I have any knowledge of planned development work.

It’s at pre planning stage but is well known. All the neighbours know about it. The neighbours know that I know.

Would I be unreasonable to deny knowledge of it in case it brings the value down? Would it be risky. What would you do?

On a legal document? I’d tell the truth obviously!

It asks if you have any knowledge of it, you do. Not saying anything would be lying and surely breach of contract?

The searches will flag it, the buyers will know, don’t be that seller-they’ll pull out.

Do the right thing girl, tell the truth

I wouldn't be bothered by people living in an estate but it would mean things like parking and crowdedness would be affected

Ask your solicitor if you can say in good conscience that you don't know of a planned development, because it's in pre-planning?

I don't think you should lie. It could come back and bite you.

It’s currently a field and the rural location is its biggest selling point. I’m worried it will lose value.

If it’s a site that’s allocated for housing etc then it will come up on the searches; the buyer can check the local plan as well so might find it themselves. I think it would be perfectly obvious that you knew about it

I might lie verbally or forget to mention things if/when asked but I would never outright lie on a legal document, too risky

You have knowledge and it's a legal document, of course you tell the truth

Is there anything in writing that you know, emails to council, texts to neighbours etc?

It’s pointless to lie as it’s very likely to come to their attention anyway during the sale and then you look untrustworthy. And you are obliged to answer questions truthfully, so you are also risking them coming back to you after the event if the sale goes through. I don’t know how likely any consequences would be for that, but you avoid the risk if you just tell the truth.

Has anything gone to the council yet? Even pre planning documents such as an Environmental Impact Statement may show online, before outline planning permission is submitted.

Yes. Texts between myself and co-owner of the house.

You write down what you know, that it's in pre planning.
Chances are local people will look at your house and know any way.

It might lose value. You can't help that. If you lie you'll get caught out down the line and quite possibly lose buyers or get asked for a price reduction anyway. If it's at pre-planning, find out if it's an allocated site and likely to get permission or not, then be upfront.

Yes. It’s gone through lots of stages. It’s a 900+ estate that’s planned by a major developer. It’s currently in ‘pre planning’. The consensus is it will go ahead.

You can't lie.

But it seems a slightly silly question. As a buyer, I wouldn't be relying on what the seller had knowledge of or not - what if you have a seller who is oblivious to what is planned - you would be a fool to rely on a no to that question. The buyer should do their own planning searches.

If you lie on a legal document then you could potentially be sued if the sale went through. If everybody locally knows there will be a potential development it would be hard to deny you were aware of it. If everybody knows it’s also likely any potential buyers will find out somewhere down the line and may pull out or seek to negotiate etc which could delay things. Better to have any potential buyers know all the relevant information from the outset than hide things and risk complicating and delaying the process.

If you really don’t want to include the information on the form I would seek advise from your estate agents and solicitor first. It may be if the development is only in early stages it doesn’t need to be disclosed, but I wouldn’t omit it without a legal person confirming this is the case.

Thanks all. I prefer to tell the truth. So I will.

Put your worries about the drop in value on to one side, and think about the potential legal consequences of lying.

You positively know the property will lose value and you want to lie about it. You know you are wrong, but I do understand your why you don't want to declare it.

Then it is pointless lying.

I don’t think it matters if you say yes or no. The search will reveal it. I don’t keep
tabs of planning applications in my area.

They will find out when they do their searches anyway so it would be stupid to lie.
Plus those written replies carry significant legal weight so lying in them would be foolish. Definitely ask your solicitor before lying

Unfortunately that is no longer a selling point of your house. Even if you lie on the legal document (which obviously is wrong), the searches will bring this up and any potential buyer will know.

It's frustrating and unfortunate for you, but I'm afraid you need to give up on the idea of your home being secluded and accept that any potential buyer will know about the planned development. Whether or not they will subsequently reduce their offer or pull out of the sale is something you'll just have to wait and see. They more upfront you are, the less chance of a last minute offer reduction or sale falling through because buyers will factor it into their initial offer.