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Original poster

Should our solicitor have spotted this?

119 replies

Carmenere · 06/04/2006 14:20

We are in the process of buying a house, supposed to exchange today, however I was at the house the other day and spotted a planning notice on the neighbours streetlamp. So I searched the Councils planning dept site and it turns out that there is planning granted for the neighbours to build a two bed two story house in their garden - very close to our property.
Now this is definitely going to affect the resale value of this property of our house (if we continue with the sale!). Should our conveyancer not have spotted this? She said that there was an optional seperate search that she offered that this would have come up in but really would this not be a fairly basic thing to look for?

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Original poster
Carmenere · 06/04/2006 14:51

Also does anyone know if the neighbours have to be informed if there is a planning application or do they just depend on the notice on the property?

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EvesMama · 06/04/2006 14:57

the neighbours will have had to be asked their approval of build and yes, your solicitor should definatly have found out/told you..thats what the searches are that take so long..get on their case and stress (even if it doesnt)that this changes everything and youre v.dissapointed with their lack of findings

pooka · 06/04/2006 15:00

The neighhours will have been tol that an application had been submitted. And I think when you sell houses now you have to fill in forms saying whether you've had arguments or disputes with neighbours, whether you're aware of nearby planning applications and so on. We had to (and we were selling to my mother!) in June last year.
Has permission actually been granted or is it a notice to say that an appliation has been made, in which case the vendors might not have known about it when they filled in their forms.

Original poster
Carmenere · 06/04/2006 15:02

Thanks EM yes she is being very defensive, she has suggested that we make a lower offer or pull out Sad But we have spent all the money on surveys and searches (ha!) and we do want the house, I think we will make a lower offer. Do you think about 10 per cent less would be reasonable? Should the vendors solicitor have informed ours about it? Sorry for all the questions but I am quite confused and upset atm.

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Blu · 06/04/2006 15:27

Carmenere, what a horrible shock.

Are you selling too, and is your 'old' house in the same area? the reason I ask is that you could then ask the agents selling YOUR house how much less they would value the house at with the new-build next door. No pint seeking advice like that from the vendors agents!

I would have thought the vendors should have included this on that sheet you have to fill out, about anyhting you know that would be a disadvantage.

Original poster
Carmenere · 06/04/2006 15:39

That's a good point Blu - I'm just looking at the property information form and he has ticked no to a section that says have you had any discussions with any neighbour or local authority that affect your property in any way. He should have put it there, wouldn't you think?

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Original poster
Carmenere · 06/04/2006 15:40

No we are not selling, we are new to the areaSad

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NotActuallyAMum · 06/04/2006 15:46

I've always thought it's exactly this sort of thing that you pay all the search fees for and your solicitor certainly should have found out. Could it be though that your solicitor did do all the correct searches but the information didn't come back as it should have? Just a thought, and you could perhaps put it this way to your solicitor so that you're not "accusing" them

Original poster
Carmenere · 06/04/2006 16:04

I know that may be a possibility as she really seemed very very thorough and is clearly freaked that she has messed up. However I just want to be thankful that we've discovered it. Best possible scenario is that we get the house for a bit less. Worst is that we buy it and make nothing on it when we go to sell it. Quite scared actually, not really sure what to do.

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Kathlean · 06/04/2006 16:34

To be fair the planning application may have gone in after your searches were done.

I think the seller should have advised as soon as they knew though.

EvesMama · 06/04/2006 16:40

they MUST enter all info in that bit where it asks about discussion/problems/occurances etc with neighbours..owner may not have knnown at time, but should have certainly brought it to light asap..how much is house??..

EvesMama · 06/04/2006 16:42

god! i initially thought you said two storey extension!!..a two bed house is not something you 'miss' when selling your house is it!Shock..even worse on solicitor/vendors behalf!

Original poster
Carmenere · 06/04/2006 16:47

The permission was granted over a year ago but the vendor lives abroad so I suppose he may not have known (that said I know that one of the other neighbours looks after the house for him so she must have known). We agreed to buy the house at 194000 but I now think that is too much.

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EvesMama · 06/04/2006 16:49

have a look at other prices in same street..id offer £10k less to be cheeky, maybe raising to say £184k..youre almost ready to complete, and im sure they dont want to lose you being as its their stupidity/ignorance

Piffle · 06/04/2006 16:52

They should have detected that on the survey and seacrhes - hevens when we bought our house we were notified of planning consents granted for 3/4 mile around our property.
I suspect this is why they're selling tbh

Original poster
Carmenere · 06/04/2006 16:58

It's a real bummer because the cash deposit is in the solicitors account all ready to exchange and we were going to complete next wednesday. Tbh I feel like we have narrowly missed being taken for a ride. We are going to offer 10 percent less on Monday and I suppose if he doesn't accept it we will have to pull out. Our thinking is that we will miss out considerably on the resale value and we have to protect our investment. Sucks.

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chai18 · 06/04/2006 17:06

10% = £20K. Sounds a bit more than the reduction in value (unless a very picturesque street with lots of land) but certainly the right amount to start negotiations. Remember you'll also be living next to a building site for at least the best part of two years.

Original poster
Carmenere · 06/04/2006 17:14

It is a very picturesque street and the houses are very close together apart from the one next to ours where there is just enough room to stick a house in the garden. Tbh if the vendor lived there they would probably have objected (well I would have anyway)but there was no objections lodged. This new house will be literally 2 yards from ours - yes the dust will be hideous.

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Blu · 06/04/2006 17:18

Carmenere - have a close look at the plans, too. Do they have windows overlooking the house? Will it rob your garden or windows of any light? Where will access be, will it obscure the front view of your house?
You can look at plans by turning up at the planning office.

chai18 · 06/04/2006 17:19

Will the new house make your street / house less picturesque or just mean that your house is closer than you envisaged. Maybe your house will now be like the others. What do they sell for?

Original poster
Carmenere · 06/04/2006 17:45

One of the main problems here is that the light in our back garden is going to be affected. There are patio doors out and the kitchen window looks out over it and as the house is going to be 2 stories I don't see how it couldn't put our patio in the shade. It's only a small garden but I was so looking forward to being able to let dd 2 yrs out in it as we have had to live in a flat since she was born. I am so upset Sad

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Original poster
Carmenere · 06/04/2006 17:47

My dad said that if we buy it we can get the neighbours to change the plans as we would be entitled to a right to light. But I don't want to move in and immediately start fighting with the neighbours Sad

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HandbagAddiction · 06/04/2006 17:48

This happened to the people who bought the house next door to us. We had had planning approval for a two storey extension which in order to build would have necessitated access to their property for scaffolding, etc. We had had the planning permission granted for over a year before the house next door went up for sale.

The poor buyers were told nothing by the vendors at all and neither did it come up on the search - not sure why - maybe because it had already been granted rather than it being in progress! Anyway, the only reason the buyers found out about it was when we asked the selling agent to contact them because we wanted permission to errect scaffolding.

Naturally they were incensed that they hadn;t been told by their vendors - as I would have been. They came round to see us and we showed them what we were building etc. and effectively how little impact it would have on them. In the end and for the sheer hassle, they managed to negotiate another £5K off the price of the property and left the vendors very red-faced!!!

Hope it works out for you.

Original poster
Carmenere · 06/04/2006 17:55

Thanks HBA, I'm really hoping that this works out but no matter what I realise that I won't be getting the house I really wanted. I'm very dissapointed but I suppose there are worse things happening in the world.

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Blu · 06/04/2006 17:59

Carmenere - if it shades your only outdoor space, I do think that's v serious, and you may spend a long time regretting it. Look on a map and plot exactly where the sun would move round. It could make a big difference between enjoying the garden or not - and I don't think that is something you would get over.
Can you ask to go in in the middle of the day over the w/e and look out of the upstairs windows - and imagine if the house was built. Where are the shadows? Will it block sun in the mornings, or the afternoons?