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Would planning application going in after exchange but before completion jeopardise a sale?

8 replies

Pieinthesky2 · 07/03/2021 17:50

I am trying to sell my house. Live in a terrace in London. My next door neighbours I know are thinking of extending their house - and I am worried that the noise would put off a potential buyer.. does anyone know if I would have to disclose to a buyer if they put in the planning application after exchange but before completion?

OP posts:
CavernousScream · 07/03/2021 17:57

I think technically you should write this on the seller’s form, in the bit about any developments affecting the property.

MeadowViews · 07/03/2021 21:30

You really need your solicitor's advice, at least that's where I'd turn to first!

Midlifephoenix · 08/03/2021 01:06

Yes I believe there is a question about this in the firm. People have permitted development rights and the noise is temporary. It shouldn't put anyone off.

RainingBatsAndFrogs · 08/03/2021 08:53

Anyone who moved into a terrace in London should expect some form of extension next door, unless loft, side return and kitchen extension are already done.

‘Thinking about it’ is not something you need to declare, unless they have already approached you wrt party boundary agreement etc. Applying for PP would need to be declared, and would show in search anyway.

But ‘thinking about it’ could go on for 5 years, they might not end up affording it, might not get PP, might move instead. You don’t have to declare the contents of your neighbours imagination, just their actions.

MaggieFS · 08/03/2021 11:02

Surely by the point of exchange, the sellers form has already been completed and the buyer has completed their searches to their own satisfaction?

Just make sure you haven't lied on any forms. What happens thereafter is just part and parcel of life.

Loofah01 · 08/03/2021 11:18

Planning submissions will show in searches, otherwise ignore it. Certainly you won't have to declare after exchange

CavernousScream · 08/03/2021 13:29

Yes, the seller’s form will have been completed before exchange. And OP knows about the potential development so if she doesn’t put it on the form she’ll be lying. Of course the buyers probably wouldn’t be able to prove it, so the risk of not putting it down is limited. but morally and legally she should put it on the form.

dotdashdashdash · 08/03/2021 16:39

And OP knows about the potential development so if she doesn’t put it on the form she’ll be lying.

Except if they haven't put the planning in then it's just a 'maybe'. Which is to be expected of any neighbour in any house pretty much.

After exchange it would be very costly for them to pull out - it's a done deal at that point (legally speaking) so no, it won't affect the sale.

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