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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?

OP posts:
Kathlean · 06/04/2006 18:09

Ahh sorry I didn't realise they already had the planning permission, what a pig.

Silly question but I would be wondering will they have to dig/up access any of your house/land in order to deal with gas, electric or water??? Will they have to turn off any of these to your property for any period of time. If they do have to who will be responsible for any repairs if there are problems in 1 year, 5 years 10 years etc(if it is on your land)??

You certainly will not enjoy your garden for the length of time they are building as there will be deliveries (big lorries???), builders (will they over look your bedroom window as the house is built?), machinery etc. If it takes them 6 months to buld the property then you will not get to use your garden this year and it will be next summer before you and your children can play out there.

HandbagAddiction · 06/04/2006 18:10

It might be worth - if you've not already done so - going around to see them and asked them to go through their plans with you. I also think Blu's suggestion is a good one - you need to go back on0site with the plans and work out exactly how it will affect your outdoor space and privacy and your indoor light and privacy.

pipsqueak · 06/04/2006 18:11

I'm not sure if you do have a right to light unless this is provided for in hte deeds. i would say that this decreases the value of the house by more than 10% as potenitially it will negate teh benefits of having a garden and you are likely to be overlooked. very sorry but gald you found out in time!

CarolinaMooncup · 06/04/2006 18:11

that's a nasty shock.

In answer to hte original question though, I'm not sure this is something that would come up on a basic search. The usual search questions are things like who owns the drains, is there a mine shaft under the property etc. Do you mean your solicitor offered you the extra search and you turned it down, or she just didn't do it?

Tbh, I would think that the fault is more with the vendor than the solicitor - the vendor would have had notice of the plans and the chance to object to them. However, if it's not a question on the seller's property information form (I don't know what's on that at the moment), then it is really caveat emptor - i.e. the onus is on you to find out for yourself.

Blu's advice about what to look for on the plans is good.

pipsqueak · 06/04/2006 18:12

forgot to add that it should show up on the local search which is the one done with hte local authority exactly for this sort of thing!

CarolinaMooncup · 06/04/2006 18:19

well, it's a long long time since I did this, but isn't the local search more about the local authority's own plans for the area, rather than private owner's planning applications?

pipsqueak · 06/04/2006 18:25

no it is supposed to show planning applications that affect the property ie within a certain radius. well at least ours did

Original poster
Carmenere · 06/04/2006 18:25

I've just had another look at the solicitors report and she has said on it that nothing showed up on the Local Authority Search, she did offer to make a special planning search for an extra 70 quid so I actually think she is exempt from responibility (at leat I saved us an extra 70 quid!). On closer inspection of the sellers information form, he definitely should have disclosed this, however he lives abroad and I suppose could have answered this in good faith.

On a positive note dp went and spoke to the neighbours who said that it won't shade our garden but he got the plans from the council so I will be looking at them tonight. Great idea about going there again this weekend to look out the windows at the back and try to figure out exactly how this will affect us.

Thanks for all your wisdom, it's really helping.

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TuttiFrutti · 06/04/2006 18:59

A normal local authority search will only show planning applications for that property, not any neighbouring properties. So your solicitor was not at fault, she would have had no way of knowing that the house next door had planning permission. The vendor is clearly at fault here and deserves a massive price reduction - if you still want to buy the house.

EvesMama · 06/04/2006 19:13

cant you give new offer tomorrow before the weekend so you can settle?

Original poster
Carmenere · 06/04/2006 19:43

Yes I now know it is the vendors fault. Dp wants to let the vendor stew over the weekend, also we do need to really think about it all.

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EvesMama · 06/04/2006 20:16

yeah, your prob right..im too impatientBlush..good luck thoughSmile..remember..make sure your both sure when the final price is arranged, better to lose a little than through good money after bad..i know only too well!

Original poster
Carmenere · 07/04/2006 12:10

Well going to have a viewing this afternoon to help decide, I really want it to be ok.

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EvesMama · 07/04/2006 14:30

ooh fingers crossed carmenereSmile

Original poster
Carmenere · 08/04/2006 09:37

I went to see the house again yesterday, I brought the plans of the new house with me and chatted with the agent. I have to say I was surprised at how he was actually quite decent inso far as I was expecting him to try to play it down as not much of a big deal but actually he was very apoligetic and sympathetic.

He said that they or the vendor had no idea about it but I have my doubts that the vendor knew nothing. A neighbour accross the road is looking after the property for him and he at least must have mentioned it to him in passing.

I showed him exactly how it was going to affect the light in the house and garden and how the actual building work was going to really encroach on us and he totally agreed. I said that I would have to take the weekedn to think about it and he was fine about it.

Basically I still think this is the right house for us and want to go ahead with the sale but we definitely need to get a bit of a reduction because it simply will not be such an attractive house when we come to sell it.

OP posts:
LadyTophamHatt · 08/04/2006 09:53

Blimey!

If the house was prefect for us and I still wanted to go ahead buying it I'd want at the very least 10% off the price.
20% I;d be chuffed with
15% I'd be pleased with
10%....well I suppose it would do!

I'd be absolutley livid ifthis happened to me

LadyTophamHatt · 08/04/2006 09:53

perfect not prefect

Spacecadet · 08/04/2006 09:58

your vendor was very naughty, ive just sold my house and i had to tick a box declaring whether i knew of any discussions with neighbours with regard planning etc.
make the lower offer as this will affect the resale value of your house.

Original poster
Carmenere · 08/04/2006 10:09

Exactly LTH this is the very reason I'm worried atm because we are going to offer 15,000 less with the aim of getting a 10,000 reduction. If he doesn't agree we are going to have to walk away from it because we will lose out in the long run.

The vendor is living in Thailand and is desperate for the cash. The previous buyers pulled out at the last minute after he had the work specified on their survey done. We are cash buyers and if he agrees on monday we could actually exchange and complete by the end of the week - he could have all the money by Friday.

He will agree won't he?

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Original poster
Carmenere · 08/04/2006 10:10

Spacecadet he ticked no in that box on the sellers info report Shock

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Spacecadet · 08/04/2006 10:11

hmmm, thats very naughty, he effectively gave false information.

Spacecadet · 08/04/2006 10:12

i think he would be a fool to look a gift horse in the mouth, hes already lost one buyer and he lied to get a sale.

Original poster
Carmenere · 08/04/2006 10:13

Yes but he is maintaining that as he lives abroad he diddn't know! If I owned that house I definitely would have objected to the permission as it would lower the value of my property, so who knows if he knew or not.

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LadyTophamHatt · 08/04/2006 10:16

I don't believe for one second that he didn't know.....he just didn't care because he wasn't living there and I suspect he hoped any buyer wouldn't find out until it was too late.

Original poster
Carmenere · 08/04/2006 10:18

I have to say I instinctively agree with you LTH. Also if he puts it on the market again he will have to disclose this info to any new buyers, our position is strong isn't it?

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