6 days to exchange and this crops up...

Mykittensmittens · 2021-01-15T13:40:17+00:00

On our sale side. Our house is 18 years old and has been owned by 4 people including the builder who built it. It’s in no way unusual. Now 6 days to exchange and their solicitor is saying they can’t proceed without ‘irrefutable prood’ of the original planning permission for the house. We don’t have that and never had it or were questioned about it when we purchased. We have directed them to the planning portal where you can see that planning was given but as it was such a long time ago the documents aren’t there, but you can clearly see planning was granted. However this isn’t enough and they want us to show them the original planning consent. I’m so bloody stressed - why would this be needed? It’s not like the house was built by us 5 minutes ago - it’s almost 2 decades - and it was never asked for when we bought. How do I get this issue resolved? My solicitors are being absolutely useless.

Theteapotsbrokenspout · 15/01/2021 13:56

I would have a chat with the planning department, our local one was incredibly helpful when I wanted some past information on my house, everything not online was on microfiche and they emailed me copies.

roses2 · 15/01/2021 13:58

This is your solicitors job! Why are you dealing direct? Push it back to your solicitor as this is what you are paying them for.

Theteapotsbrokenspout · 15/01/2021 14:03

Yes, it’s the solicitor's job, but in the interest of getting it sorted quickly sometimes it’s best to help things along .

Barton10 · 15/01/2021 14:16

They are being ridiculous it is over ten years since it was built so no enforcement action could be taken against any breach of planning. Your solicitor should be telling this and if they persist then offer them indemnity insurance which is not expensive.

Original poster

Mykittensmittens · 15/01/2021 14:22

How long would we have to offer an indemnity insurance for? I don’t want that hanging round my neck forever. I don’t think we should have to do it either, on principal.

They can SEE themselves on the planning portal that it was permitted to be built and all their searches are coming back clear, so why would this be an issue? I’ve spoken to a friend who sold her 12 year old house before Xmas and this never came up once. Nor did it do so when we purchased 5 years ago.

OP posts:

Bouledeneige · 15/01/2021 14:31

I'm in the process of selling and didn't have planning approval for a glass roof. This was simply dealt with by indemnity insurance costing £160 - its a one-off payment. Easy to resolve. I'm surprised your solicitor hasn't sorted this.

Catmummyof2 · 15/01/2021 14:41

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Original poster

Mykittensmittens · 15/01/2021 16:51

Thank you.

We’ve sent the solicitor a fizzer of an email saying there is more than one way to resolve this to prevent it stopping exchange. And it’s his job to find the appropriate solution and advise accordingly. It’s so ridiculous really; it should be a non-issue!

My nerves are frayed as I’m a critical worker and have had to jump enormous hoops to get leave for 2 days to move; so those two days are fairly fixed but we made that very very clear to both sides of the 3 long chain. We are the middle. Upwards are being absolutely marvellous and have offered to do whatever it takes (even to stay in their motorhome on a relatives land!) to secure the date for us, but our sellers solicitor is being extreme to say the least. Thank goodness I’m not doing dry January.....

OP posts:

sosotired1 · 15/01/2021 18:23

You may be able to ring up planning and ask them to pull up the original paperwork and pay them for copies. This is what I did (just paid pennies for copies of the documents). I had to do it in person though so not sure how that is working in lockdown.

mountains76 · 15/01/2021 18:38

@Mykittensmittens

Thank you.

We’ve sent the solicitor a fizzer of an email saying there is more than one way to resolve this to prevent it stopping exchange. And it’s his job to find the appropriate solution and advise accordingly. It’s so ridiculous really; it should be a non-issue!

My nerves are frayed as I’m a critical worker and have had to jump enormous hoops to get leave for 2 days to move; so those two days are fairly fixed but we made that very very clear to both sides of the 3 long chain. We are the middle. Upwards are being absolutely marvellous and have offered to do whatever it takes (even to stay in their motorhome on a relatives land!) to secure the date for us, but our sellers solicitor is being extreme to say the least. Thank goodness I’m not doing dry January.....

i would be intrested to read your fizzer of an email :)

Powerplant · 15/01/2021 18:44

We are in a very similar situation - our conversion done years before we moved in didn’t even need planning but hey-ho - and like you when we bought this house our solicitor at the time didn’t raise as the issue. So for speed to hopefully exchange next week the easiest quickest thing is to buy indemnity policy which our solicitor will arrange costing £145.

CottonSock · 15/01/2021 18:47

I wouldn't be offering anything if the permission shows on planning portal.

Changi · 15/01/2021 18:53

Surely, if the place has been there 18 years and nobody has objected, it doesn't matter if no planning permission exists.

Original poster

Mykittensmittens · 15/01/2021 19:17

Thanks all.

I’d buy an indemnity (not that our solicitor has suggested it) but given the chuffing planning permission can be seen on the portal for FREE and with ...oooh...4 minutes of internet time...why are they even asking us? I’ve sent links and screenshots but no, they want the original planning consent which is so far off necessary it’s silly.

OP posts:

2bazookas · 15/01/2021 19:44

@Mykittensmittens

Thanks all.

I’d buy an indemnity (not that our solicitor has suggested it) but given the chuffing planning permission can be seen on the portal for FREE and with ...oooh...4 minutes of internet time...why are they even asking us? I’ve sent links and screenshots but no, they want the original planning consent which is so far off necessary it’s silly.

I think what they want is the final Completion Certificate from Building Control that confirms the building was erected in compliance with the Planning Consent and correct building standards..

In Scotland, Building Control is a section of the LA Planning Department. Just phone them, they are really helpful IME.

Powerplant · 15/01/2021 19:56

We have forwarded the building control certificate signed off by the council who are happy with the building regs which previous owners had left, to our solicitors but apparently this is not enough they either want the planning or a cert of Lawfulness. We should be exchanging next week and solicitor said indemnity was the quickest way to proceed. It’s a one off payment if that helps. Good luck

Original poster

Mykittensmittens · 15/01/2021 21:31

Okay thanks and I get all this...but there are hundred and thousands of houses just like ours built 1.5-2 decades ago and those people don’t have to provide that proof. I live in a conventional street amongst other 18 year old houses - surely it’s blatantly obvious the builder didn’t build them without any permission and no one has batted an eyelid through all the various sales or whatever till now?

No one is asking for ‘completion certificates’ - the wording is ‘original planning consent to prove the house was permitted to be built’ - 18 years and several owners ago.

They have that. The planning portal shows the application and it’s granted consent. And besides we would never have been granted a mortgage (or the people before us, or the ones before them) without the searches clearing. Which include checking that!!

OP posts:

Powerplant · 15/01/2021 22:35

Exactly like I said, when we bought this house there was no issue with our local searches throwing anything up about planning - so why is it an issue now? Very frustrating and feels like you’re banging your head against a brick wall.

MinnieMountain · 16/01/2021 07:47

Your solicitor is being useless. I wouldn’t ask for the PP when I do a title check on a house that old, unless there’s something unusual (which you’ve said there isn’t).

Raxer26A · 16/01/2021 07:57

I would think they are stalling for some reason , clearly it's nonsense about the pp. They may be looking for more time for some reason.

larrythelizard · 16/01/2021 08:03

I feel your pain, when we sold our last house the buyers solicitor started kicking off about a porch on a 1930's house that had been there for at least 30 years!!

We think it's because they were used a cheap conveyancer and not an actual solicitor who could apply thought and logic instead of ticking boxes.

In our case our solicitor advised just to sort an indemnity even though she said it wasn't technically necessary it was just the easiest way to make them go away.

So yes, I'd be on your solicitor with great pressure to sort an indemnity out, might be the quickest option.

RainingBatsAndFrogs · 16/01/2021 08:16

Insurance doesn’t hang round your neck: they take it out and it is their policy. You re-imburse them, if they want. As a one-off. That’s the end of it for you.

WitchesBritchesPumpkinPants · 16/01/2021 08:20

I'd just tell them to stop dicking around.

Etulosba · 16/01/2021 08:58

I'd just tell them to stop dicking around

With my last house I was asked for proof of all sorts of things just before completion. I didn't have most to it so I asked them if they wanted the house or not. They did

OP if the building is 18 years old, you could point the buyer's solicitor to Section 157(4) of the Planning and Development Act, 2000 which says that the local authority may not serve an enforcement notice or take proceedings for an unauthorised development after 7 years have passed since the unauthorised development commenced.

callmeadoctor · 16/01/2021 09:19

Mmmm No doubt solicitors get a cut of all these "Indemnity Insurances" that people are advised to take out.................