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?

If it got pp and passed all planning policies, you’d objection would make no difference at all.

Don’t forget to object to the party wall agreement and get your own surveyor to act for you. The party wall agreement can come we hours of working, non agreement to working on your land and reinstatement of any damage. Make sure you protect your interests..

I am not a lawyer, but I guess at this stage you did go ahead and exchange having found out before exchange that there was PP for the extension. Before exchange nothing is certain anyway.

Had you exchanged and THEN found out that the extension was happening and could prove that the vendors knew and did not disclose, then maybe a case?

Personally I would now concentrate on the party wall agreement. Even though they have PP they cannot proceed without that agreement.

We exchanged before we the new neighbours told us about the plans. We completed on Wednesday. Sorry that is the 2nd time I have incorrectly said exchange when I meant complete now.

Oh, yes, sorry, it is the first line in your OP!

When you say you used a ‘conveyancer’ were they a solicitors firm, or a conveyancing service, possibly online? All the lawyers I have used in 5 house purchases would have been able to advise on the vendors responsibility here.

In any case I absolutely would not let them put the foundations under my boundary or wreck my garden for the summer!

It really is 100% normal to engage a party wall surveyor at their expense!

Them having planning permission does not oblige you to grant them access to your land or require you to agree to anything that will be detrimental to you.

Being good neighbours does not require you to surrender your rights.

Exactly, being a good neighbour goes both ways.

I'm another who thinks it sounds like a stitch up and that vendor and neighbour are in cahoots. But I'm both cynical and suspicious, so it could just be me!

If the extension is as big and as close as you say, OP, it could impact the value of your property and would certainly have made it less attractive to purchasers.

However it’s got pp so anyone living next door could have got the same extension. It happens all the time and of course the op can extend too!

And their plans - as they are - have been approved?? With the extension right up t to the party wall and windows very close top yours? I'm amazed. And horrified. No way should they be able to access your garden for building work.

Well perhaps the op has not interpreted the poems accurately regarding the windows?

This was one of the questions we were asked on the paperwork for our sale. I’m certain you have to disclose.

Not a lot of people know or do it but you can actually search local planning on the postcode you're buying to see what has been applied for yourself. Unfortunately it's one of those grey areas that nobody seems to take responsibility for, solicitors don't do it routinely and it would be helpful if they did!

Good luck in your new home OP

@clippety clop The OP did that, several times, but not close enough to exchange unfortunately, as the application only went in 3 weeks before exchange.

Yes. I really wouldn't allow them to take over your garden for the work. It sounds like you need to go through the party wall process properly.

We had a chat with the new neighbours yesterday and are going to have a surveyor etc to sort the party wall stuff. We have agreed that apart from some access to sort out the brick work and remove the fence all the work will be done from their side and there will be no foundations under our property. I understand they would have preferred more access and scaffolding because it would have been cheaper and easier but they understood why we weren't willing to do this and lose the garden for all the summer. It is a shame that there will now be a brick wall almost right up against my conservatory window and it will cause some lose of light to other rooms and the garden, but as planning permission has been granted there isn't really much I can say or do now but just try to make the best of it going forward.

So did the conservatory window look directly over their garden or onto a fence? Did it ever have a view if it’s tight against the boundary? I’d get pp for an extension. Get rid of the conservatory.

There is a small fence there now so some light comes in the windows over the fence, but soon that will be a brick wall. I think eventually when we can afford it we will make the conservatory into an extension as you suggested.

The fence could have been 2m high. So they certainly can build a wall there.