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    • mistaoononymous
    • By mistaoononymous 8th Oct 17, 11:29 AM
    • 8Posts
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    mistaoononymous
    Buying new build and discovered planning hasn't been discharged.
    • #1
    • 8th Oct 17, 11:29 AM
    Buying new build and discovered planning hasn't been discharged. 8th Oct 17 at 11:29 AM
    Hi

    We are almost three months into buying a new build only to discover through our own enquiries with the council that one of the conditions of planning was never discharged prior to construction. The planning was originally conditionally granted four years ago with the stipulation that construction should not begin until all conditions were discharged. We have spent hundred of pounds on solicitor fees, surveys and the valuation and feel that the estate agents under the Consumer Protection Against Unfair Trading Regulations should have advised us of this in the first instance. We, nor do we feel anyone else would ever enter into such a fraught house buying process had we known this. Does anybody have any experience of these issues and able to advise us as to what we should do. Any help is greatly appreciated, we are at the point of pulling out of the sale and obviously extremely stressed as this would mean us having to take out another six month rental agreement causing us to lose thousands.
Page 2
    • Doozergirl
    • By Doozergirl 8th Oct 17, 8:42 PM
    • 24,053 Posts
    • 66,667 Thanks
    Doozergirl
    I'm confused. So your solicitor told you that they weren't happy after months of the EA saying that they were? The EA might be passing messages from other parts of a chain simply to ensure that things are actually progressing, but if I wanted to know what my own solicitor was up to, I'd be asking them. If there was no chain then I'd hardly be speaking to an EA at all unless I wanted news from the other party.

    There is no reason for an EA to lie to you about your own purchase when it is solely your own solicitor's job to make it happen.
    Everything that is supposed to be in heaven is already here on earth.
    • RLH33
    • By RLH33 8th Oct 17, 8:46 PM
    • 357 Posts
    • 342 Thanks
    RLH33
    Of all the conditions routinely attached to a planning permission I would be worried that the contaminated land ones have not been discharged. If there is contamination and it is not dealt with properly it can be harmful to health and cost a lot of money/disruption to deal with contamination retrospectively. What was the land used for before it was housing? Greenfield? Industrial land? Landfill site?

    Have they tried to discharge them and got them refused? Or have they literally not bothered to submit anything?

    I would refuse to exchange until they have submitted a retrospective application to discharge the conditions but this can take around 8 weeks.

    Building control and planning are different departments that don't really interact plus building regs can be dealt with by private companies - it may not be the Council officers that have dealt with the site.

    This does sound a bit like a development that I know of so I'd be interested to know which area/town it's in!
    • Alchopops
    • By Alchopops 9th Oct 17, 4:01 PM
    • 16 Posts
    • 16 Thanks
    Alchopops
    I feel your pain as this has just happened to us too. Set to exchange this week and complete at the end of the month but the application for Discharge of Condition 3 was only submitted to the council last week when I'm told it should have been done before construction started months ago, and having spoken to the council they have advised it typically takes 6-8 weeks to be approved.

    Luckily we moved in with family after selling our house in August so we have somewhere to live but our mortgage offer expires in a month so we're now faced with the worry of maybe having to re-apply, and it was bad enough the first time!
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