Should my solicitor have alerted me?

MrTree

Hi,
I bought a house last year and had the conveyancing done by a reputable firm of solicitors who I have used before.
I recently discovered that my next-door neighbour had a planning application for a large extension in place with the local authority (I believe the application had been approved prior to my solicitor being appointed). The proposed extension is to be right on the boundary of my property and does have an impact on light, etc.
If I had been aware of this at the time I may well have approached the purchase differently or even withdrawn altogether.
Has my solicitor been neglectful in their duties and do I have any recourse against them?
I would be most grateful for any advice.
Many thanks

CloudCuckooLand

"I believe" - check your facts. Should be online, most councils seem to have planning apps stored online.

MrTree

Thanks to CloudCuckooLand for the quick response:
I have checked out the Planning Dept's website and I understand that the application was approved before I even made an offer on the property.

loubel

Your solicitor would have carried out a local search but these don't give information about neighbouring properties. If the seller had been notified of the application though they should have indicated this in their paperwork.

You should have been sent a copy of both so it should be easy enough to check whether your solicitor knew about the application. If they didn't know then they couldn't have alerted you unfortunately.

CloudCuckooLand

http://www.conveyancingsolutions.co.uk/glossary.php

"Local Authority Search"

A list of queries about the property that is sent to the local authority. It may include questions about:

• Planning applications on the property (but not the surrounding area)
• Whether or not it is a listed building or in a conservation area
• Who is responsible for access road maintenance

Very importantly, the local authority search does not give details on planning applications for neighbouring buildings.


.....



http://www.maslen.co.uk/house-buying-jargon-buster.asp
Local Authority Search

Carried out on behalf of the buyer, this is a list of questions about the property, which is sent to the local authority. It covers any proposed planning applications and any proposals for new roads or traffic schemes which could affect the property. It does not cover any planning applications made or in progress against nearby properties.

timmyt

MrTree wrote: »

Hi,
I bought a house last year and had the conveyancing done by a reputable firm of solicitors who I have used before.
I recently discovered that my next-door neighbour had a planning application for a large extension in place with the local authority (I believe the application had been approved prior to my solicitor being appointed). The proposed extension is to be right on the boundary of my property and does have an impact on light, etc.
If I had been aware of this at the time I may well have approached the purchase differently or even withdrawn altogether.
Has my solicitor been neglectful in their duties and do I have any recourse against them?
I would be most grateful for any advice.
Many thanks

No, you have no comeback on your lawyer, as he only carries out searches against your house. A survey, and invesitgations about neighborus and the neighbourhood rests with you.

Another angle might be to look at the Sellers Property Information form, as there is a question about whether the Seller has received any notices affceting the proeprty or property nearby - see here http://freepdfhosting.com/3c78341703.pdf

Problem is how you prove they did and just did not tell you.

Buyers like you must be left to make your own descioons about whether development nearby is pending, as only you know if you care.

Sorry

mufi

timmyt wrote: »

Another angle might be to look at the Sellers Property Information form, as there is a question about whether the Seller has received any notices affceting the proeprty or property nearby - see here http://freepdfhosting.com/3c78341703.pdf

And if the vendors deny knowing about the planning application, here's a vaguely similar test case:
http://www.bailii.org/ew/cases/EWHC/QB/2010/2447.html

In other words there's little you can do, unless they admit knowingly misleading you and you're prepared to take it to court.

Sorry.

Moomum

Our lawyer has just sent us details of every planning aplplication on the street of our new property aswell as all surrounding streets.

GDB2222

"Local Authority Search"

A list of queries about the property that is sent to the local authority. It may include questions about:

• Planning applications on the property (but not the surrounding area)
• Whether or not it is a listed building or in a conservation area
• Who is responsible for access road maintenance

If you are buying an ordinary house in an ordinary road, you know who is responsible for the access road. You know whether it's in a conservation area (a selling point usually!) and how many ordinary houses are listed? As to planning history of your house, that does not matter unless changes to the property have been made within the last 4 years. Total waste of money normally, yet conveyancers perform this ritual dance, whilst ignoring really important stuff like applications for new extensions on neighbouring property.

MrTree

I'm very grateful for all responses so far.

Can I ask, should the info about neighbour's planning application not have been in the HIP pack?

Thanks again.

twokcc

You could ring your local council and ask to see all the information regarding the planning application. With my local authority this also includes any objection letters and details of which properties have received notification of planning application. You will be able to see if your seller is on either (you can usually take copies). This will give you hard evidence if seller was aware of planning application but even with this you would need to know what replies he had given to pre sales enquires.

I don't know if you will be able to take any action against sellers,others on here may be able to help or you may have to seek advise from a solicitor.