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 pursue this legally and agree to settle for a given amount say £10,000 but I wouldn't let them get away with it.

The extension is obviously the reason why the vendor has sold up and pulled the wool over your eyes.

Do not proceed with the purchase. You’d be a mug if you do.

Thank goodness for the pushy neighbours. You’d never known otherwise.

Ignore the Party Wall notice for the time being. If you don’t respond within a certain time period then it will go to dissent. You may well be able to push the start date back through the summer if your neighbour loses their builder.

I don’t think you can pull out now. Caveat emptor etc as it will cost you a fortune but you can minimise the impact on your summer.

If you don't agree with the plans and can find a reason they could be refused (check the local planning policies) then it might be worth writing a letter to the council object , acknowledging it's late due to the fact you were not made aware as you're in the process of buying next door.
Not all councils manage to deal with all plans within the requisite time frame, so they may still take it into account.

What will the impact of the work be?

So the property form specifically states is the seller aware of any proposals to develop property or land nearby

It really comes down to the definition of proposals, the dictionary says a plan or suggestion, especially a formal or written one, put forward for consideration by others So the vendors could argue that when they completed the form there was no formal or written planning application submitted with the council so therefore they are allowed to tick the no box - I’m not convinced a conversation had with a neighbour that they are thinking of doing an extension would count as a proposal because nothing might come of it.

No way would I pull out after exchange and lose £55K - who can afford that. Unfortunately I think you might just have to make the best of this and see what things are like if they get planning and then move on if it’s terrible.

I feel so sorry for you and all the stress of this on top of a house move.

If you decide to go ahead you don't have to be a pushover just to avoid bad feeling. You absolutely don't have to let them put scaffolding in your garden; you don't have to let them dig under your foundations; you can make sure their builders follow local rules about times they can/can't make noise.

That's not being "a difficult neighbour " - that's what the majority of people would do.

I would either pull out or not be pushed around by next door.

How can they tell you not to go in your own garden?

Or seek compensation in some form from the vendor or next door because it is not acceptable.

Hope you sort it out

Reading this completely horrified.

You need urgent legal advice. If you haven't already, I would be emailing my solicitor marked urgent. I'm a solicitor myself (not real estate) and I would probably see and pick up an email like this even on a bank holiday weekend. Even if your solicitor doesnt, they will see first thing on Tuesday.

After taking advice, if I had the option (i.e. I would not lose my deposit), I would pull out of the purchase. This completely changes the nature of the deal, potentially impacts on the value of the house and will certainly spoil your enjoyment of it for some time.

Having been through the party wall process myself (on the other side), I would appoint my own surveyor (which will be at their cost) if I were you.

One thing that jumped out at me is the proposal to build a new party wall on the boundary line. They can't do this without your consent. You shouldn't agree to this unless it benefits you e.g. financially / because you would build off it yourself in the future. The award would cover the allocation of cost.

So sorry for you, it must be immensely stressful.

Just to add: please don't rely on any of the advice you have been given here (even mine!). However well intentioned, some of the posters will have given poor advice. This is something you need legal advice for and fortunately you already have a solicitor engaged who will be able to give you good advice on the legal position and your options.

You absolutely must get a party wall surveyor to talk you through the implications of where the footings are and if they are in your boundary.

Your neighbours have to pay for this, it is completely normal and should be able to bd negotiated without getting off on the wrong foot.

Just tell them that as this situation has come to you as news, you need to get up to speed with all the implications for you so will be getting a party wall surveyor.

its the easiest way to lay the foundations under your garden, they can do it their side but its more expensive. I know as our neighbours refused to let us, understandably. Don't agree to this if you don't pull out.

We haven't been able to get hold of anyone all weekend but have heard from the new neighbours about their plans a bit more. I need to put all that on the back burner as can't think about all that until after we move. I am unsure what options we have still, but for us, pulling out just isn't really an option, even if we could. We are quite a large family and have 2 toddlers and pets and just so much stuff... I can't even begin to imagine what we do in the interim while we found somewhere else. Just going to try and make the best of it. I guess any house we could have bought this could happen to at any point. Really annoying that vendors can just do this though! But, lesson learned, I will be checking the planning portal right before exchange next time.

If the vendors have lied on their form about the neighbours plans for the extension, you should at least pursue some monetary recompense for that. Don't let them get away with such underhand behaviour.

I am going to have a chat with a property ligation solicitor (not sure of the correct term) once the bank holiday is over and see what they say.

@Lunalicious

I am going to have a chat with a property ligation solicitor (not sure of the correct term) once the bank holiday is over and see what they say.

Would you not get the advice of your own current conveyancing solicitor- this is well within their remit.

I would be negotiating a substantial discount on the basis that the vendors misrepresented the situation. No discount, no deal.

(obviously subject to your legal advice)

Our conveyancers recommendation was to contact a litigator as not in their remit. They haven't been the best conveyancers all-in-all so it is possible they aren't giving me the best advice.

There is a saying Act in Haste, repent at leisure.

I think that you have got very good advice on this thread from people who have been through the mill on property sales.

The problem, as I see it, is not obviously caused by one party. Your vendor has probably been economical with the truth and you have paid more for a house than you should have done if all the facts were known.

The neighbours are pushy to say the least and more than willing to stamp all over your rights as a neighbour - no matter how nice they are to you to your face they are still pushing on with their plans and actually want to get going quicker than the legal requirement.

And your solicitor looks to have dropped the ball - I think a good solicitor would have sniffed this issue out.

I think that you should take on all three for the issues identified - I know this is not easy - it's not something I am good at either - but you nearly need to force yourself to play hardball with each - you will get more respect.

There is a strong chance that you will regret letting this all go ahead without ensuring your rights are protected / get recompence - I also understand your concern regarding your own buyers but that is what happens in the property game - don't push yourself into years of regret and never totally accept the new house. It's your hard money going into this - why should the vendor / neighbour/ solicitor gain at your expense?

That call to the litigator solicitor should be d9ne asap. Also, Don you know anyone experienced in property purchases / sales in real life? A relative, friend, friend of a friend, work colleague? I think that you really need someone that knows about this stuff in real life to give you some advice / backup.

@Lunalicious

Our conveyancers recommendation was to contact a litigator as not in their remit. They haven't been the best conveyancers all-in-all so it is possible they aren't giving me the best advice.

Gotcha.

How have you got on today OP? @Lunalicious

If you do proceed with the sale please remember that you don’t have to let the neighbours work from your side. They might huff and puff that they can’t afford the extra cost involved in working from their own side but that’s their lookout. Why should you lose the use of your garden for months (and have it trashed) so they can save money on their extension?

Whenever we have purchased the Solicitor has done searches on local surrounding area, so I’d think Solicitor is at fault here? Current place, been here ages, but we were advised of development application two doors down, where it was up to, chance of success etc.

Well, we completed on Wednesday and was fairly stressful. Vendors weren't out at completion so that made the whole thing super awkward sat outside whilst also being angry at them about the other stuff. The planning permission for the neighbours went through on Friday We have seeked some legal advice and I think by the sounds of it will be quite hard to prove that a) They did know about the plans and that b) it would have impacted us enough that we wouldn't have purchased the property. The new neighbours do seem quite pleasant so we might just suck it up. I don't know if we have it in us for a lengthy and maybe costly legal battle. Apart from the neighbours planning, the house is actually quite nice and I think we will be happy here once the building is done. Sorry, not a very exciting end to the tale but wanted to come back and update as everyone had been really kind and helpful.

Ah it sounds like you have gone through it this week OP. Congratulations on the new home, and I hope the neighbours’ future building works don’t inconvenience you too much. Enjoy settling into your new place!