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  • FIRST POST
    • Gerschwalker
    • By Gerschwalker 8th Jun 17, 6:30 PM
    • 5Posts
    • 2Thanks
    Gerschwalker
    Retrospective consent
    • #1
    • 8th Jun 17, 6:30 PM
    Retrospective consent 8th Jun 17 at 6:30 PM
    Hi,

    We are selling our house that is 9 years old and leasehold. 7 years ago we added a conservatory that we should have asked permission to do from the leaseholders (Simarc). Our solicitor offered the buyers an indemnity policy, which they agreed to. We are now 2 weeks away from exchange and they have changed their mind. They are insisting on retrospective consent or they will pull out, which means we will lose the house that we are meant to move into.

    Has anyone had any experience of this? Specifically, I am looking at what the cost would be and the time frame. Our vendor is threatening to pull out if it's not completed by 23rd July.

    Any advice or comments are more than welcome as I'm really starting to stress out about it.

    TIA!
Page 1
    • tweeet
    • By tweeet 8th Jun 17, 7:06 PM
    • 149 Posts
    • 27 Thanks
    tweeet
    • #2
    • 8th Jun 17, 7:06 PM
    • #2
    • 8th Jun 17, 7:06 PM
    Just gone through similar with Amicus. I bought the leasehold flat 4 years ago with the boiler in the loft. I have sold it and am exchanging tomorrow. Amicus stated that as I am the leaseholder I had to apply for retrospective permission to keep the boiler in the loft...as the loft is part of the freehold not my flat. To cut a long story short...they have taken two months to issue the consent licence and I had to pay £895 for the legal fees or the buyer was going to pull out. At the end of the day...the conservatory without consent can be pulled down, so you need it to complete the sale....
    • tweeet
    • By tweeet 8th Jun 17, 7:10 PM
    • 149 Posts
    • 27 Thanks
    tweeet
    • #3
    • 8th Jun 17, 7:10 PM
    • #3
    • 8th Jun 17, 7:10 PM
    The buyer could also ask for a retention of monies....eg. for what the conservatory could be worth ...£8000 ? So...if retrospective is granted...you pay legal fees...the conservatory stays....you get £8000 back...however...if it's rejected then you lose £8000.
    • G_M
    • By G_M 8th Jun 17, 8:54 PM
    • 41,935 Posts
    • 48,532 Thanks
    G_M
    • #4
    • 8th Jun 17, 8:54 PM
    • #4
    • 8th Jun 17, 8:54 PM
    You're very unlikely to get retrospective consent (I assume you mean consent, not PP?) by July 23rd.

    You've very reasonably offered insurance.

    I would consider this sale lost and start re-marketing asap.

    If your buyers change their minds again, all well and good. If not, onwards and upwards!
    • Gerschwalker
    • By Gerschwalker 19th Jun 17, 9:27 AM
    • 5 Posts
    • 2 Thanks
    Gerschwalker
    • #5
    • 19th Jun 17, 9:27 AM
    • #5
    • 19th Jun 17, 9:27 AM
    Hi, thanks for the advice. Just a quick update in case anyone else faces this problem. It took 5 working days to hear back and consent cost £360 so I was quite happy with that ��
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