Solicitor failed to spot planning permission

gladysrocker

My son has just bought his first home and within a week of moving in the bulldozers have moved into the field next door to it. After ringing the council it appears planning permission has been granted for 2 huge houses, one of which ends about six feet from his garden wall! Had he known this during the purchase process he definitely wouldn't have proceeded but the solicitor who was supposed to do searches never alerted him to this. Does anyone have any advise on what he can do?

G_M

I assume the solicitor did the searches?

and sent them to your son?

Who read them?

If searches were not done then he may have a case against the solicitor.

da_rule

If your son had sight of the search results then there's not much he really can do. If the solicitor just relayed the results to him (i.e. your son didn't see the official results) then you may be able to complain.

MrRee_2

IF searches were not done, you have a claim.

If they were done and your son had them and didn't read them then it's tough luck I'm afraid.

However, the Solicitor has a duty of care to alert your son to something untoward ..... did he use a cheapo conveyancing firm or a local firm of some repute?

gladysrocker

He used a reputable local firm that was recommended by the estate agent. The solicitor did the searches and sent my son a copy which we all read and there was absolutely no mention of any requests or permissions concerning this piece of land. It really would have been a deal breaker and he'd have pulled out of the sale if he'd have had the info.

Thrugelmir

gladysrocker wrote: »

The solicitor did the searches and sent my son a copy which we all read and there was absolutely no mention of any requests or permissions concerning this piece of land. .

Then the solicitor would have been none the wiser.

gladysrocker

But isn't it the solicitors job to 'search' and find out information like this?

da_rule

The presence of planning permission on neighbouring land should have shown up on the result of the CON29 form. However, the form only covers the listed property. If you want to ask about neighbouring properties then this would have to be raised as an additional enquiry (also using the CON29). If your son didn't ask the solicitor to find out about the land next door then this may be a problem, especially if the solicitor didn't actually visit the site and didn't know there was an empty plot next door.

gladysrocker

But it showed up a planning application for some houses about a quarter of a mile away which wouldn't have a direct bearing on his property. These new houses are literally going to be bearing down on him and they didn't show up, there's no rhyme or reason to it!

da_rule

Have you checked the local council website to see if the building next door actually has planning consent? It may be then that the council has messed up. You'd need to go back to the solicitor and ask them exactly what questions they asked the council.

da_rule

Also, as you appear to have see the search results and it appears the solicitor has asked the right questions (based on the planning consents from other properties being revealed), it begs the question, how did you expect the solicitor to know? If he has asked the right questions and been given an answer by the council then he has to accept that. He can't second guess search results.