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Original poster

Vendors not disclosing new neighbours planning application

169 replies

Lunalicious · 14/04/2022 18:49

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?

OP posts:
Original poster
Lunalicious · 14/04/2022 19:15

I had been checking it but not that recently. The application was submitted on the 25th Feb, it was validated on the 9th March and we exchanged on the 17th March.

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Dobirdseversleep · 14/04/2022 19:16

I think this is probably just unfortunate. Whilst the vendors might have known about impending planning, if it hadn’t been submitted when the form was completed they’re not lying. Often people talk for many months (even years) about extending and take ages to get the plans in. If the planning permission has only just gone in then it will take a little while so you probably don’t need to rush with the party wall.

However, if the vendors had been given party wall documents then they definitely are at fault.

It’s the timing of this which is the issue - you could
Complete next week and then planning could go in the week after. People do work on their houses, it’s noisy, it’s a pain, but it doesn’t last forever.

Dobirdseversleep · 14/04/2022 19:17

With that timing, it’s possible that the vendors weren’t aware at time if exchange. They will have had a letter, but it might not have arrived before exchange. Although if it had arrived they should have disclosed.

Ohwhathaveidonenow · 14/04/2022 19:17

You need to work out of they knew about the planning application when they filled out the form and if they did then there should be a way to pull out without penalty. Then rent until you find somewhere else (house prices stabilise).

Thestagshead · 14/04/2022 19:18

I’d be very sure on what they knew. They might have known they were planning an extension but not the application had went in.

ClarasZoo · 14/04/2022 19:20

They have a duty to tell you up to the time of exchange. It’s a misrepresentation claim against the vendors…

Original poster
Lunalicious · 14/04/2022 19:20

I know it doesn't last forever, but the vendors have denied us the opportunity to make the decision if we want to live next door to this and also denied us the right to object if we wanted to. Going forward we are going to try and foster good relations with the new neighbours and are going to sign the party wall agreement thingy without desenting and requiring them to pay for getting surveyors in etc, as it isn't their fault, but I am still angry at the vendors for not giving us a heads up.

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Original poster
Lunalicious · 14/04/2022 19:23

The new neighbours emailed saying "I am sure this won't have come to a surprise to you as we told vendor's name about our plans a while back and showed them the application before we submitted it"

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Original poster
Lunalicious · 14/04/2022 19:24

Whoops didn't meant to bold that Shock

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HumourReplacementTherapy · 14/04/2022 19:27

A similar thing happened to us but we hadn't exchanged so pulled out.
I'm now sitting in the house opposite the one we nearly bought which now has a massive 2 story extension built to within 20cm of the house we offered on.
It has lost its detached appearance.
Bloody disgrace that this terrace effect is allowed imo.
Im not surprised you're in a flap it sounds like the vendor knew but given the dates you might have difficulty proving it.
I can't believe the neighbours contacted you re the party wall!
Cheeky sods!
At least push back until you move in (if you proceed)

ClarasZoo · 14/04/2022 19:29

You really should dissent on the party wall so you have a surveyor fighting your side. No one agrees to them!!!!

DisforDarkChocolate · 14/04/2022 19:31

Each time I've bought my solicitor has looked for planning applications in the local area and told me what has been submitted.

I'd be tempted to pull out if you wouldn't have put in an offer if you'd known about the extension.

Original poster
Lunalicious · 14/04/2022 19:35

Oh really? I was worried if we did that it would just start our neighbour relationship on the wrong foot and would be years of conflict and awkwardness. Very overwhelming to have to all of a sudden make these decision when I was prepared for them - the party wall act thing is all new to me! Stressed enough as it is trying to pack. Confused

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Original poster
Lunalicious · 14/04/2022 19:36

I meant to quote @ClarasZoo... not really doing the best job posting today! Blush

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Ohmygodyesthatsit · 14/04/2022 19:36

Are you sure new neighbours didnt deliberately apply for planning etc in the no man's land between you offering etc just so they could push through a bad (for you) extension.

ClarasZoo · 14/04/2022 19:39

Just don’t respond and it counts as a dissent. Then you get your own surveyor and they have to pay. Just tell your neighbour that you want a surveyor of your own because the vendors didn’t tell you about the application. That’s what I would do anyway…

HaggisBurger · 14/04/2022 19:40

@Lunalicious

Oh really? I was worried if we did that it would just start our neighbour relationship on the wrong foot and would be years of conflict and awkwardness. Very overwhelming to have to all of a sudden make these decision when I was prepared for them - the party wall act thing is all new to me! Stressed enough as it is trying to pack. Confused
It’s not dissenting to say that no you’d prefer your own PW surveyor which sadly they have to pay for. You can say it nicely - that someone you know had a bad experience and you’d feel safer that way. It’s not a conflict. One of our neighbours did this on our PW the other one used ours.
Wingingit15 · 14/04/2022 19:49

You really need to put this to your conveyancing lawyer and ask them to advise on your potential strategies

Original poster
Lunalicious · 14/04/2022 19:50

@Ohmygodyesthatsit

Are you sure new neighbours didnt deliberately apply for planning etc in the no man's land between you offering etc just so they could push through a bad (for you) extension.
It is a strong possibility. They literally waited 1 day after the window for commenting was over to contact us via the vendors' estate agent about the party wall stuff. Hopefully this isn't too outing... the vendors and the neighbours have both lived there for decades. When we looked around the vendors told us what good friends they were etc so it would not be too far a stretch to think this is a possibility.
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Original poster
Lunalicious · 14/04/2022 19:51

@Wingingit15

You really need to put this to your conveyancing lawyer and ask them to advise on your potential strategies
I will call them on Tuesday! Just very tight now with completion on Wednesday for both our new house and our current house.
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Ohmygodyesthatsit · 14/04/2022 19:53

If they do that i wouldnt worry about upsetting them dissent dissent dissent.

LIZS · 14/04/2022 19:54

If it has not been determined yet speak to the officer dealing with it and ask that your comments be taken onto account. Most should allow it up to the decision date.

However unless you have specific planning grounds on which to object it is likely to be passed. Has anyone else objected? Is it worth getting off on a bad footing with ndn over this or trying to work with them?

bellac11 · 14/04/2022 19:57

You probably wouldnt have got anywhere if you already knew and objected against the plans anyway, thats the first thing

The second thing is you need to think long term, is it going to ruin the enjoyment of your house to the extent that you cant see yourself living there, presumably you love the house which is why you're buying it

Fudgeball · 14/04/2022 19:58

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Original poster
Lunalicious · 14/04/2022 20:06

The thing is, we aren't 100% in love with the house, but the original house we were going to buy fell through and our buyers' mortgage offer was coming to an end so we picked what we thought was the least worse option. I think we may have just picked another option if we had known as we have had quite a stressful year and don't really want the stress of living next door to a building site for months.

That being said, we don't want to fall out with our neighbours and want to start off on the right foot with them so I don't plan to do anything to hinder their progress. It would have just been nice to have had all the information available before we made this massive decision to buy this house. I don't think we would have objected in reality but it would have been nice to have that opportunity if we felt it was necessary. Just feels like we have been lied to.

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