Justified to ask for reduction in price?

[Wnikat]

TL:DR we are buying a property advertised with a rentable annex. But planning permission does not allow renting of the annex. Are we justified in asking for a small reduction in price?

We are buying a property with an annex, that was advertised as an ‘investment opportunity’. I.e the annex could be rented out. However the Conveyancing process has revealed that planning permission for the annex precludes this, as it’s only to be occupied on conjunction with the main house. The vendor says that as it’s 30 years old it’s past the period of enforcement but I don’t think that’s true as it’s a breach of condition and that has to be continuous and ongoing. It has been rented in the last. But as it’s currently being used in conjunction with the main house, any breach would be a new breach and therefore would need to be in operation for 4 years before gaining immunity.

WIBU to ask for a reduction in price? The annex has separate insurance and council tax so costs money and we can’t rent it as it was marketed to us. I’m thinking a 2% reduction.

If you, the punter, feel you should have a reduction then ask for it. Have a value in mind and stick to it. You can always check with the council as to the validity of the current permissions etc

yes. if the value you determined you were willing to pay included rent on the annex and you were led to believe it was a legal rental, then of course you can ask for a reduction. it has changed the value calculation for you. would you have made the same offer knowing what you know now? you should remember also that they are under no obligation to take the reduction. its not emotional, its a large purchase and you are managing your finances. so hard to remember that when you are caught up mid-purchase! good luck!!