How many of you would want PP before you bought?

natwill_3

I am buying a 2 bed flat with planning only for a one bed.

Vendor in a hurry so getting retrospective planning permission is not an option.

I am worried I will have problems in the future selling it, as I am advised that I would not be able to market as a two bed unless I get retrospective planning from the Council and a remote chance they say “No change back to a one bed”.

As a buyer would any of you be worried about this in a flat you were buying or would you be happy with an indemnity policy.

My offer of asking price did not reflect this!.

AMILLIONDOLLARS

My daughter told me a story this week about a friend of hers that bought a flat above a shop. Apparently the previous owner was denied planning permission to convert the rooms above the shop into flats, but he did it anyway and sold the flats on. The council have now found out about it and want the whole thing converted back to its original state. Needless to say that its all in the hands of solicitors now. I told her that her friend's solicitors were negligent in not checking that all the planning consents had been put in place, seems he(solicitor) was aware of this as her friend had to take out indemnity insurance of some kind, he will now have to wait and see if he is covered under the policy for getting his money back if the council insists on reinstatement, unfortunately there are two other flat owners involved.

Do you really want to risk it?

PoorDave

natwill wrote:

I am buying a 2 bed flat with planning only for a one bed.

Vendor in a hurry so getting retrospective planning permission is not an option.

I am worried I will have problems in the future selling it, as I am advised that I would not be able to market as a two bed unless I get retrospective planning from the Council and a remote chance they say “No change back to a one bed”.

As a buyer would any of you be worried about this in a flat you were buying or would you be happy with an indemnity policy.

My offer of asking price did not reflect this!.

Worried = yes!

Just because the vendor is hurrying, doesn't mean you should. Is he/she more hurried now this issue has come up? If so, suspicious!

silvercar

I wonder why you have been told you need planning permission from the council to do internal alterations to a flat. Building regs consent if you move the kitchen or bathroom but why council PP? Permission from the freeholders or their agent, then yes - but why do the council get involved?

jooles5a

Hi
Another conveyancing nightmare but at least it's been picked up before it's too late. You have a few options:

- Make a lower offer to reflect the devalue of what you're buying and the hassle and cost of bringing it back up to value
- Take your time, insist the vendor sorts the problem out to yours and your solicitor's satisfaction or
- pull out altogether.

Unless you've absolutely fallen in love with the place, I'd be pulling out and thanking my lucky stars that even though I'd wasted time and money, I'd had a very lucky escape. I don't know if you've seen my other posts but had my conveyancing solicitor seen the restrictive covenant on the piece of land I bought before I bought it, she wouldn't have seen me for dust!!!!! A near-nervous breakdown, a lot of life changing decisions, 15 years and a lot of money (£45000+) on and it still isn't sorted.

Think very carefully before spending any more of your hard earned money on it.

Good Luck

natwill_3

silvercar wrote:

I wonder why you have been told you need planning permission from the council to do internal alterations to a flat. Building regs consent if you move the kitchen or bathroom but why council PP? Permission from the freeholders or their agent, then yes - but why do the council get involved?

Hi my solicitor and my council both told me this? I only know that they say to change a kitchen to a bedroom and move kitchen into lounge yes you need it and can apply retrospectively but they will not necessarily give it.

Someone else says you don't and quite honestly I am at a loss!

AndrewSmith

It does beg the question as to why the vendor is in a hurry.

As far as I would be concerned, no planning permission = no deal.

natwill_3

Thanks I must admit I am worried I will not be able to sell it on in a few years.

The vendor has emailed me constantly over the last few days saying how it is not a problem and an indemnity will be fine for me but I am a bit scared!.

If council can enforce a change back to a one bed (they say they can and I spoke to them) then I am out of pocket having bt a 2 bed at a 2 bed price regardless of space.

I offered asking on the basis of no problems, subsequently building ins problems in the lease, storage areas advertised as part of flat are not part of lease and no planning or building regs and vendor wont lower price...

I guess I wondered if other buyers out there wd pull out as this will be me as vendor in a few years time. My mort co ok as I have a 40% deposit from current flat but I don't want to waste it.

silvercar

How did you know that the layout didn't comply with the plans? Would a future buyer know?

Asking because I recently sold a house and passed on the PP letter and building regs certificate for an extension built in 1988. Never had a clue as to whether the extension was built according to the plans or not.

Have just bought a house where the plans submitted were for a larger extension than that actually built (though permission was given to build in phases). Because the final size was altered the actual layout, including bathrooms, is not what is in the plans. I also have abuilding regs completion certificate. When I sell (hopefully not soon!) I will again show the PP letter and the building regs certificate!

natwill_3

silvercar wrote:

How did you know that the layout didn't comply with the plans? Would a future buyer know?

Asking because I recently sold a house and passed on the PP letter and building regs certificate for an extension built in 1988. Never had a clue as to whether the extension was built according to the plans or not.

Have just bought a house where the plans submitted were for a larger extension than that actually built (though permission was given to build in phases). Because the final size was altered the actual layout, including bathrooms, is not what is in the plans. I also have abuilding regs completion certificate. When I sell (hopefully not soon!) I will again show the PP letter and the building regs certificate!

Hi

The plans that come with the lease are very different to what the estate agent is selling and it is very obvious

AMILLIONDOLLARS

Pull out, their trying to pull the wool over your eyes! Why pay for a two bed when its only a one, cut your losses and run!!