Could I be sued over this?

DVardysShadow

vet8 wrote: »

When we put our house on the market our solicitor sent us a huge pack of papers to fill in and one asked us if there were any planning applications in the area. Personally I think that is a right cheek!

What do I pay the proffessional solicitor for? He has indemnity insurance to cover any errors. I don't. If I say there are no applications in the offing and I am wrong because I did not know, can I be sued?

??? Your answer is 'none known, refer to planning authority' It isn't even down to your solicitor. It is the buyer who needs to employ the professional for this question.

Save_It_2

Sammy85 wrote: »

My thoughts exactly. You might not know about a development down the street but you would most definately know about one at the end of the garden.

To be honest the original planning application was for an extension, then it was changed to a new build house before then being change to a new build house along with a extension. The extension was done however the house was never started. I think the original plans went in sometime in late 2007. I genuinely thought they had decided against building the new build house. I didn’t object against any of the applications and neither did any other neighbours.

loulou41

Who did they complaint to?

Save_It_2

loulou41 wrote: »

Who did they complaint to?

Im still quite close with some of the neighbours, and since the house build has started they have been complaining to them every day. They have said they would not have bought the house is they new about the planning permission.

sunshinetours

Save_It wrote: »

Im still quite close with some of the neighbours, and since the house build has started they have been complaining to them every day. They have said they would not have bought the house is they new about the planning permission.

Then they should be going after their own solicitor

Doozergirl

sunshinetours wrote: »

Then they should be going after their own solicitor

I understand that if you want a wider search of an area (particularly in another street) then you have to request it. A standard local authority search does not cover the surrounding area. I don't think their solicitor has done anything wrong either.

If they were concerned enough about new development so as to be completely put off buying a house for even a new, but replacement, dwelling then they could have run a simple search on the LA's planning website for free. It would have highlighted planning apps imnmediately if they'd selected a certain radius around the house they've bought.

I would agree that if even they were to go after someone, they'd have to prove some kind of loss which would be nigh on impossible if there were already a house there.

slummymummyof3

So what would have happened if the planning permission had been sought after they had bought your house?

I would tell them to go and take a hike. This is what local searches are for. Unless they specifically asked you and you deliberately misinformed them, there should be no redress.

poppysarah

I read stuff like planning noticed on the local council's website - I also stop and read notices in the street (Because I'm nosey mainly) - I also read all the bumf that comes through the door from the council about planning type stuff.
However my partner is the complete opposite and you'd have to actually start building before he knew anything was going on.
However - when you view a house - let alone buy one, you spot any spare land near by (or derelict) and make sure that it's not going to have anything nasty built on it. You can do this online or by visiting the local planning office.
You could also point it out to your solicitor to check.

Being surprised by something being built near te house you've just bought means you didn't pay enough attention.

As long as the OP didn't lie to them - then omission is fine. Like you say, PP is often sought and doesn't happen - especially in hard times.

lellow_lorry

This should have come up in the solicitors searches.....I never expect a vendor to know about all planning in the area but would have expected they would know about it at the back of the garden. Even so they should be banging on their solicitors door asz this information should have been
known

daisygrabber

To put another perspective....we have exactly this situation except we are the ones who bought the house with the new build now at the end of our garden!

I would say you have deliberately mislead your purchasers because there is a disclosure box saying is there any adjacent planning (or similar question) and you would have ticked "no" - not "unknown" or "yes". You would have received notice from the council (I have proof that my vendors did) and, oh dear, conveniently forgot all about it.

Purchasing solicitors do not look at planning permission other than regarding the property itself (if you think otherwise - revise your thoughts!).

However, in order to sue you, your purchasers would have to prove a significant loss in value BECAUSE OF the new build. If they are able to prove this, and prove you had notice of the development, then they could sue you for the loss in value. However they must start procedings within six months of them becoming aware of the problem.

HTH!

Daisy x