house selling nightmare!

Harmony1

Help!!

I purchased a flat with a 50% share of freehold in 2009. I am now in the process of selling the property but no record can be found with regards to planning permission for the conversion of the building from one dwelling to separate flats. I have checked with the solicitor I purchased the flat from and they have advised that at the point of sale the vendor stated (on the property information form) that no alteration, building works or sub divisions had taken place to the building at any time, my solicitor therefore did not follow this up.

I have offered the potential buyers an indemnity policy, however, they are not satisfied with this and want retrospective planning permission to be sought for planning and an indemnity for building regs. I understand that if I approach the council with regards to planning that I will not be able to get an indemnity policy.

Also, I know for sure that the conversion took place prior to 1997.

I am at a loss regarding what to do and any information would really be appreciated!!

princeofpounds

If indemnity and the passage of time isn't enough for them get new buyers. Sounds to me like they are overly cautious or their solicitor is mis-advising them. Does your solicitor have any clue as to what might be happening?

Harmony1

My solicitor is of the same opinion as you! Problem is that three sales have fallen through since August (panic about recession rather than this issue) I have already moved out of the property due to having to start another job and I hardly have any pennies left!

Do you know of anything that could be put in place which might satisfy them?

CloudCuckooLand

I doubt a vendor can be expected to state "at any time" to anything...

"to their knowledge", "during the time of ownership" etc, more likely...

Depends how long they owned it for.

Does the freehold documentation not provide more accurate timescale/dates, to then check paper planning records at the council?

To be honest, if I was buying it, I would not be too happy about relying on what is effectively an "insurance policy" - we all know how the small print can screw up expectations of cover...

What is the difficulty with retrospective? Or, would the council put in writing the period of limitation for them to take action, perhaps?

Regs are less of a concern, being so long ago. So indemnity for that may suffice.

Ulfar

What happens if planning permission is refused and the council insist the property is reinstated to its original condition ?

This is a distinct possibility and would become more likely if the building is listed.

With this sort of action being possible, I wouldn't be relying on an insurance policy that the insuring company will do anything to get out of if possible.

In these circumstances I would also want a full structural survey and the building inspector to sign off on the conversion.