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Estate Agent marketing property without PP

4 replies

Rabbitthereg · 03/02/2023 07:27

Hi,

DC has spent the last six months and over £2k in fees trying to buy a flat, which at the 11th hour turned out not to have planning permission.

The agent has put it straight back on the market. Surely they're not allowed to do that?

So as not to drip feed, searches came back showing planning was granted five years ago, but the council's website shows retrospective planning to retain as built was applied for last year after enforcement, and the planner confirmed they consider it an illegal build.

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JohnnyM · 03/02/2023 10:53

In my experience estate agents are always happy to market a property without 'troubling' themselves with sharing any information like that.

Firstly, they may not even be 'formally' aware (unless they paid for their own searches and why would they?). Secondly, even if they think there 'might' be an issue with something about a property they may consider its not for them but for the parties solicitors and surveyors to advise on it.

It sounds more like the vendor knows there is an issue, is hoping someone buying does not uncover this issue (or if they do, they still proceed for some reason), and may not care how many prospective buyers lose money in the meantime. Not sure there is anything that can be done about that even if though it sounds 'wrong'.

CrotchetyQuaver · 03/02/2023 11:07

Was the retrospective permission to retain as built granted?
We live and learn!

Activelyannoyed · 03/02/2023 11:14

searches came back showing planning was granted five years ago, but the council's website shows retrospective planning to retain as built was applied for last year after enforcement, and the planner confirmed they consider it an illegal build

this is hard to understand as it’s contradictory,

what planning was granted, what enforcerment, why was retro required. Was it just done outwith the timeframe? Or is there something unsound about it?

Rabbitthereg · 03/02/2023 12:46

Thank you.

Apparently planning was granted, but they've a) not satisfied all of the conditions that were required particularly in relation to mining and contamination and b) built it slightly differently to how the plans said.

So they're saying they've got planning as they were granted it originally - planners are saying but you've built something slightly different, and not complied with the conditions, so no you've not got planning approval.

Just frustrating that another FTB could be duped into spending fees.

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