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About to exchange and find out the flat does not have planning permission!

5 replies

pippala · 29/11/2011 19:18

Also posted in property,As title we are about to exchange on a one bed flat in London.
Had all the searches back etc
Just had a call from EA to say that another buyer for another flat in the same house (victorian house converted into 12 flats) has found out there is no PP in place.
it is all very odd as follows:-
Mortage turned down in sept by one company, no explaination given except they would not deal with the property management company of said flat conversions.
Second company will offer but only if we use their named solicitor!!
Said solicitor sends copy searches and all seems good.
Another buyer buying flat below ours finds out the house was converted 4years ago without PP.
WHY oh WHy did our solicitor (the one we had no choice to use) not find this out!
We offered in Sept, have paid out £900 on survey and £200 on searches and up to £700 in solicitors fees. If we pull out we will lose all that.
The EA says they will apply for retrospective PP and it won't be a problem as the flats have been rented out for over 4 years and council tax been paid!
They said it may take up to 3mths to get PP and if need be we can rent the flat off the vendor till it is granted.
I hope that means free rent! As what if PP is not granted.
They have a nerve selling a flat that they knew they hadn't applied for PP on.
The EA seems to think it isn't a problem advice gratefully received!

OP posts:
cestlavielife · 30/11/2011 11:16

EA will be trying to get a deal.
walk away til they got the pp in place.

Planetoftheeggnog · 30/11/2011 12:14

Of course the EA doesn't think its a problem, they are not on "your side".

I'm guessing the management company has a strong connection with the same shysters that carried out the conversion!

Lizcat · 30/11/2011 13:52

Walk away till planning permission is in place it is not guaranteed and they could be forced to return it to it's original state.

Your solicitor should have found this and has not done a good enough job if they haven't found it ask them why.
The EA agent just wants the deal to go ahead so they get paid.

pippala · 01/12/2011 00:11

We were expecting answers from both EA and solicitors today but have heard nothing from either!
The management company are the freeholders and they did the conversion of the house into 12 flats.
when we put the offer in at the end of Sept we asked for the price of the services charges.
The EA said the managment company were still working the figures out but would be in the region of £500/£600 per annum. We have STILL not been given a price.
Alarm bells are ringing!

OP posts:
Planetoftheeggnog · 01/12/2011 03:47

I'm not a lawyer.

I'm guessing that the management company should file annual accounts, have director(s) and provide a breakdown of the service charges and ground rent. What have they been doing for the last 4 years?

Service charges should cover buildings insurance, on-going repairs, communal areas and maintenance etc.

They do sound like shysters!

Your lawyer sounds a bit crap, IMO.

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