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?

I would pull out, keep my own house's sale, put my stuff in storage and stay anywhere else e.g family, friends, rental until I could buy. Sounds like these people have colluded to screw you over. If absolutely stuck, I'd make that extension as hard for them as possible at every step. Where did the "neighbour" get your email address from?

@Fudgeball

Sorry OP this sounds like a stitch up to me. Some people……good luck on Tuesday. I’d spend the weekend reading up so you have your ducks in a row on Tuesday. And I’d tell estate agents what your thoughts are so the vendors don’t have a smug weekend - and can at least fret alongside you this weekend. But then I’m petty

I agree the timings of all of this sound like an astonishing coincidence, or a total stitch up.

I think I too would be tempted to let the vendors know first thing tomorrow morning that something is afoot.

Ask the estate agents to pass along a message, something like "we've become aware of an issue and will be taking legal advice first thing on Tuesday morning". If they don't already know you know, I'm sure the neighbours will enlighten them, so let the vendors sweat this weekend.

When were your searches done, it feels like an omission on conveyancer's part too.

I would have expected the solicitor to pick this up but timings are very tight.

Objecting might be a right but if the pp meets okennjng policies, objecting means nothing. It will be passed.

Object to the party well agreement though. You must. You then get a surveyor of your choice working for you. It’s vital this happens.

This. Your issue is with your solicitor.

No, it almost certainly isn't. Firstly, the local search is conducted by the LA. All the solicitor does is apply for the search and review the response. Secondly, a standard search only looks within the boundaries of the property being purchased. If you want to see planning applications relating to areas outside the boundary, that is an additional search. Thirdly, the OP tells us that the neighbours applied for planning permission three weeks before exchange. It may be that the searches had already been carried out, in which case this would not have shown up. Provided the solicitor applied for and got the searches, it is only the solicitor's issue if information about the planning application was present and they failed to alert the OP.

However, if the sellers were aware of their neighbour's plans and answered "no" to the question asking if they were aware of proposals to make alterations to buildings nearby, the OP may be able to claim damages from the sellers and may even be able to pull out of the purchase without penalty. They need to consult their solicitor about their options.

@ClarasZoo

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

There is absolutely no need to automatically dissent

You don’t need someone ‘fighting your side’ for a simple extension
It’s just a pyramid scheme for party wall surveyors

Oh, this is awful.

Your vendors and the ‘new neighbours’ have colluded.

I’d be furious. And in no mood to do any favours over party wall stuff.

I’d email right back with a “This is all extremely concerning news to us as we have had absolutely no notification of your proposed extension. I’m sure you’ll understand if we take some time to think about our next steps.”

If there was a way to walk away without financial penalty I’d take it and probably carry on with exchange on my own property and urgently looking for a rental. But they’ve really left you no time at all. What absolute bastards.

We've got neighbours who have talked about their extension plans for 7 years! If a planning application came in I'd be shocked.

It doesn't sound like they've actually got planning?

I'd certainly sort out a joint party wall surveyor or your own. Do not waive any time. Be conscious of how long the build will take and the impact that will have on your enjoyment of the property. Will they want scaffold up? Will it be on your land? Where are they putting skips? And all the vans for tradesman.

@PeekabooAtheZoo

I would pull out, keep my own house's sale, put my stuff in storage and stay anywhere else e.g family, friends, rental until I could buy. Sounds like these people have colluded to screw you over. If absolutely stuck, I'd make that extension as hard for them as possible at every step. Where did the "neighbour" get your email address from?

OP has already exchanged

If she pulls out now, she loses the deposit, which is probably 10% of the purchase.

And if they have planning permission, you can’t make it hard for them to get the extension
Even if you withhold a party wall agreement, it will be granted by default occasionally

🤦‍♀️🤦‍♀️🤦‍♀️🤦‍♀️

I would possibly get it in writing (from potential next door neighbours) how long your vendors have known about their plans, before letting the vendors know something is up, especially if they are friends. Otherwise they might both agree to deny all knowledge.
Horrible situation for your sorry this has happened after a stressful year. I would complete your sale and rent. There is a lot of pressure in house buying but don't let that/awkwardness sway you into making a bad decision for yourself. You will be in a good position to buy another if your sale has already completed and I think it's worth seeing if you can get our of your purchase penalty free. If you can't you are no worse off than you are now.
Don't put too much stock in 'relationship with new neighbours'. You sound like a decent person, that's enough. You have to look out for yourself and make decisions that are right for you too.

if they had done the party wall agreement, they must have been aware of the planning and therefore must have lied on the search form.

@PeekabooAtheZoo

I would pull out, keep my own house's sale, put my stuff in storage and stay anywhere else e.g family, friends, rental until I could buy. Sounds like these people have colluded to screw you over. If absolutely stuck, I'd make that extension as hard for them as possible at every step. Where did the "neighbour" get your email address from?

They got the vendors' Estate Agents to email us with their details asking us to get in contact so we emailed them asking that they wanted to discuss and that is when they sent the party wall agreement over asking for a reply within 14 days.

@Teethhelp

We've got neighbours who have talked about their extension plans for 7 years! If a planning application came in I'd be shocked.

It doesn't sound like they've actually got planning?

I'd certainly sort out a joint party wall surveyor or your own. Do not waive any time. Be conscious of how long the build will take and the impact that will have on your enjoyment of the property. Will they want scaffold up? Will it be on your land? Where are they putting skips? And all the vans for tradesman.

The planning portal says first week in May the decision will be made by.

It is worth looking at your local council planning site as to what is expected to be allowed. One of our neighbours put in planning for an extension we weren’t happy about but looking at the guidance it was pretty clear it would be approved so there was no mileage in complaining.

This is worth thinking about because if they had waited until you had completed they may have been able to get it through anyway. And this might help put it into perspective.

The searches "came back" on the 10th March. So all the timings overlap a lot which I think complicates things.

I'd be bloody furious.
We completed two weeks ago.
our searches definitely included planning permissions in the local area which would have picked this up unless of course they were done before it was submitted.
There was definitely a form we had to fill in that said words to the effect of 'are you aware of any planning permissions that could affect the property' - if they lied on this then there may be some legal recourse. Obviously that is for the solicitor to advise you on.

I woudl make sure the vendors know that you are now thinking of pulling out. And take the weekend to decide whether or not you want to buy the house regardless.

At the end of the day though, even if vendors had nothing to do with it, neighbours could have put this application in after you moved in. Or five years later. Vendors have been idiots but the whole planning application is down to the neighbour, not them.

Be worth compiling all your options over the weekend ready for Tuesday OP. Aside from the disruption of the building work, will the finished extension detract from your house?

Don't suggest you will pull out at this late stage without taking advice in consequences and meaning it. You may yet be able to reduce price. Make ea aware of the reason they made contact and how disappointed you are to hear of this only at such a late stage. Ndn is getting ahead of themselves with the party wall agreement. Unless builders are booked and materials ordered there could be a significant delay. Is what they have proposed really so overbearing?

When did the sellers sign the form saying there were no planning knowledge.

And definitely ring the estate agent tomorrow morning.

Would you have bought it if you'd known about the impending extension? If so, I'd suck it. Things always go wrongly.
But... I'd be angling for some recompense??

No one really has a lot of control over what neighbours build when as long as it conforms to planning policy and respects your right to light. Objecting to a planning application means almost nothing so the fact you’ve missed the consultation process is kind of irrelevant.

@prh47bridge

This. Your issue is with your solicitor.

No, it almost certainly isn't. Firstly, the local search is conducted by the LA. All the solicitor does is apply for the search and review the response. Secondly, a standard search only looks within the boundaries of the property being purchased. If you want to see planning applications relating to areas outside the boundary, that is an additional search. Thirdly, the OP tells us that the neighbours applied for planning permission three weeks before exchange. It may be that the searches had already been carried out, in which case this would not have shown up. Provided the solicitor applied for and got the searches, it is only the solicitor's issue if information about the planning application was present and they failed to alert the OP.

However, if the sellers were aware of their neighbour's plans and answered "no" to the question asking if they were aware of proposals to make alterations to buildings nearby, the OP may be able to claim damages from the sellers and may even be able to pull out of the purchase without penalty. They need to consult their solicitor about their options.

This sounds sensible advice

There’s a question on the property information form about any correspondence received from council which a planning application would defo fall under. They have mislead you.

They want to erect scaffolding on our garden and say they will need to dig down in our garden to lay the foundations and footings for the new party wall. We have had a lot of stuff going on and I really could have done with out this. Was expecting the first summer in our new home for the garden to be out of bound for the kids for month. I know this could have happened anytime in the future but it is all very overwhelming right now so near to completion when we only have 14 says to respond to this party wall thing. I haven't had to deal with a party wall agreement before so am googling furiously to make sure I understand what is going on and what I should be doing.

I meant... wasn't expecting the garden to be out of bounds