Planning Permission Again!

djm1972

I recently posted a thread regarding a query that my buyer's solicitor had forward to my solicitor requesting a copy of the original planning permission document for my property (or rather the block). I couldn't understand why this was the case, and most agreed that it sounded strange.

However, I've now just been CC'd on my solicitors further enquiries to my sellers solicitor (regarding my purchase) and I notice they have asked for what sounds like exactly the same thing:

19. Please provide evidence that either the property was constructed by the vendor of the 1994 Transfer or provide evidence of approval under Clause 2 of schedule 4 thereof.

20. Please provide a copy of page 2 of the outline planning permission dated 26th February 1992 and copies of any pages following page 1 of the approval of reserved matters dated 15th July 1992

21. Please provide copy building regulation approval or alternative evidence of compliance with building regulation.

Has anybody else who has sold or bought recently come across questions such as this on their solicitors enquiries? I'm curious to understand if this is standard practice for recent but not new builds - 7 years in the case of my sale and 13 years in the case of my purchase...?

Thanks!

Richard_Webster

They look like perfectly normal enquiries to me.

19 seems to refer to some covenants requiring someone's approval. It isn't always clear from the paperwork who actually built the houses/flats so if the person who sold the land in 1994 and imposed the covenants didn't do the building then his consent would have been needed under the covenants.

20 is the common one of copies being supplied thta look incomplete. In a way it could be said for most practical purpsoes that the planning permission details are irrelevant now but there are two reasons for wanting them:

A. to check there aren't any nasty conditions that could affect your use of the property. This is possible although unlikely.

B. to have copies for when you sell. Part of the paperwork that will have to be supplied in a HIP are planning permissions.

21 really more or less the same as planning

With a new build it isn't usually necessary to ask about this kind of thing because the seller's solicitor supplies copies of everything under the sun in the original pack so as to pre-empt/avoid lots of questions from buyers' solicitors. Normally the copy planning and building reg consents will be supplied by a builder's solicitor but they frequently get lost later these days because mortgage lenders don't want them and either solicitors keep them in their files or send them to clients who don't realise their significance because they are only photocopies and not "Deeds" and so throw them away!

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients

djm1972

Thanks, Richard!

Good to know it's all "normal" procedure. I just hope it doesn't inject too much of a delay into proceedings trying to get hold of the info! I know that on my sale my solicitor has said we may need to purchase them from the council!