House sale Contract subject toi Planning Permissioni

[PigletJohn]

Am selling a house, the buyers want an extension and have had plans made up, they want to exchange but subject to planning approval.

It seems to me that I would then be at the mercy of whatever plans they pit in, and whatever delays occur for whatever reason. And in the meantime I can't sell it to anyone else.

I am inclined to say, no, get your Planning Consent first, then exchange unconditionally.

What opinions?

It does seem rather a tricky situation, and I'm inclined to agree with you. OTOH, how keen are you to sell to them? What do you think of the plans? Likely to get pp?

They can apply for planning on your house but it can take 8 weeks for a decision.

Have you seen their plans? Do you think it is likely it will get passed? I don't think I would want to exchange with that proviso.

In the meantime someone else could want your house but you are tied into an agreement waiting for a planning app decision. What happens if they then appealed? Or it is rejected but would pass with X alteration and another 8 weeks of waiting. Endless possibilities.

I would want the planning app done first then if your house is still available they can exchange with you. You could be sold and moved in 8 weeks!

Good luck.

My gran accepted a similar sort of offer. After many months the buyer's planning application failed and they walked away. However she wasn't really interested in selling to anyone else (the property wasn't on the market, they had approached her and offered a big premium) so she didn't lose out by having accepted their offer to the exclusion of others.

So, I'd only agree to this if they are offering a bite-your-arm-off price, or the property is very unlikely to sell to anyone else.

You could tell them to go off and get p permission first - but that's likely to be unattractive as it takes time and £ by which time you could have sold to someone else. As an alternative, the buyers should be able to have a preliminary chat (which unlike a planning application is quick and free) with the planning dept to see whether their plans are likely to get approved. Ok it's not binding on the council but it helps. So I'd suggest they do that. If they do that, and get a favourable answer, they should really be willing to take the risk. If they don't get a favourable answer, then obv you shouldn't be accepting such a conditional offer as it's unlikely to come good.

Agree with other posters. Getting pp is their risk, not yours, they should offer for your house regardless. Tell them no.

As a side issue, if you think that the house will be more valuable with pp, take it off the market and apply yourself, then sell with pp.

I think that's a good idea from fresh actually, get PP yourself and you'll get more for the house!

Am with the others that say don't agree to this, they have to weigh up whether planning permission is likely to be granted and take the risk.

Tell them no. Presumaeably, they made an offer which you accepted without any such condition. I wouldn't even wait for them to get PP - that may take some time or they don't get it! Put it back on the market.

Our pp took 6 months, for a straightforward extension. Just had a totally incompetent planning officer. I'd tell them to get stuffed!

You could have an immediate exchange followed by a delayed completion. This would lock in your buyer - peace of mind for you. In this you could stipulate a fair deadline for completion which would focus the buyer into sorting out the extension planning or loose a hefty deposit. In addition you could agree that if the deal falls through because of failure to get planning permission the buyers pay the solicitors costs for both sides.
This may sound harsh/cheeky but it would sort out the determined buyer from the time waster.

Perhaps you can just say that you'll continue with the house on the market. Damn cheeky of them I think!

Bizarre, I never realised you could put conditions on an exchange. I would do it if you really need them to buy your house - but if you think you'd get another buyer then say no.