Vendors not disclosing new neighbours planning application

[Lunalicious]

We have exchanged on a property and are due to complete next week. Our new neighbours have just contacted us to discuss a party wall agreement for their new extension which planning permission was submitted around 3 weeks before exchange. We have confirmation in writing from the new neighbours that the vendors were aware of this "for quite some time". The extension is quite extensive and tbh I don't think we would have purchased the property if we had known about this. We have also lost the chance to object to the application as we weren't aware of it until after the period for comments was over. Obviously we are tied into the house purchase now, and we are going to be reasonable with the new neighbours as this isn't their fault and they have ever right to apply for planning permission and build on their land if approved. What I am wondering is, legally have the vendors done something wrong? If so, what can we do now going forward?

Your solicitor should have discovered this doing the local searches.

Would this not have come up in your searches?

What did the results of your searches say? Did your solicitor not mention it?

No, we were not informed until we heard from the new neighbours. Our solicitors are saying it was the vendors responsibility to let us know.

This wouldn't show up in standard searches as they only search for the property being purchased.

Check the SPIF form to see how they answered the question about planning permissions. If they lied you're not necessarily bound to purchase althougg it will be painful to extract yourself

I have checked and they answered no to those questions.

I just bought my house 6 months ago and I'm sure there was a section in the searches that listed all recent planning applications in the immediate area.

It wouldn't necessarily come up on the Local search, which is for a specified property.
But I think there may be a question on the Property Information form which asks the seller if they are aware of any such applications, and also whether they have made any objections to anything. ( Sorry can't be more definite, used to do conveyancing 10+years ago, things may have changed).
Check any info/statements made by the seller, and raise this with your solicitor, there may be something they can flag up.

Then I would ask you solicitor to urgently ask theirs to explain the discrepancy. On the basis of what you've set out here its a fairly blatant misrepresentation and there are remedies for that.

I think the thing to ask yourself is, if you could withdraw from the purchase penalty free, would you?

If the vendors have answered 'no' to the planning permission questions then surely they have made the contact null and void.

You can pay extra for searches covering neighbouring properties but its not standard. Its also easy enough to search for planning applications yourself but thay doesnt change the fact that OP's vendors appear to have lied

We are meant to be exchanging on Wednesday so doesn't give much time with the bank holiday! The new neighbours are pushing for us to waive the 1 month notice for them to start work on the party wall so very overwhelming all of a sudden to have all this occurring.

@anniegun

Your solicitor should have discovered this doing the local searches.

This. Your issue is with your solicitor.

Placemarking as this worries me

I had checked the planning portal a few time before exchange but I hadn't recently, which I guess is maybe my fault, I had covid just before we exchanged so maybe dropped the ball a bit, bit hadn't expected this to just appear out of almost nowhere.

I'd pull out tbh.

I’m sure my solicitor checked local planning applications. I remember having a few discussions with him about it. I also did my own research on the local authority website. As it’s all public information.

Have you exchanged or are you exchanging next week?

If planning permission was submitted 3 weeks before exchange then the vendors might not have lied on the form because it hasn’t been submitted at the time they filled it out.

We are meant to be exchanging on Wednesday

Have you exchanged or not??

@BornIn78

I think the thing to ask yourself is, if you could withdraw from the purchase penalty free, would you?

If the vendors have answered 'no' to the planning permission questions then surely they have made the contact null and void.

We are in a chain so I have no idea what the repercussions would be with our house sale if I could pull out of the purchase penalty free. I am presuming I would be in breach of contract and could face severe financial repercussions from my buyers?

Oh I am sorry, I meant completing on Wednesday. We have exchanged already. Sorry am in a bit of a flap.

I would pull out, it sounds like your vendors have lied to you. I’d be fuming.

If the extension would have a massive impact on your new home, and there is a way to pull out without causing you loss, you could always proceed with your sale and rent, while you look for a new home?

What a nightmare for you though!