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Planning Permission refused 2 years ago but should the Estate Agent tell you?
Lucy_Lastic
Posts: 735 Forumite
A neighbour is selling his house which has a very large garden.
2 years ago the neighbour applied for planning permission to build a bungalow in the garden. Planning permission was refused by the Highways people due to problems with access to the main road.
Should the Estate Agent tell prospective buyers that planning permission was refused? Buyers may only be interested in this property if they think there is a possibility of building on the land.
2 years ago the neighbour applied for planning permission to build a bungalow in the garden. Planning permission was refused by the Highways people due to problems with access to the main road.
Should the Estate Agent tell prospective buyers that planning permission was refused? Buyers may only be interested in this property if they think there is a possibility of building on the land.
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Comments
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Anyone who wants to develop would make their own enquiries, not rely on estate agents. EA may not even be aware.0
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Why should the EA volunteer negative information which may not be pertinent to a prospective purchaser?If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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This sort of property often comes with an estate agents description 'possibility for extension subject to the usual consents'
A buyer should do their own homework if they are wanting to extend. Most councils it's pretty easy to check online if there have been previous planning applications.Make £2025 in 2025
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Any prospective buyer will be told about the refused planning application when their solicitor does the searches.0
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It's also worth bearing in mind that an opportunist developer may look at the reasons the planning consent failed, and decide to buy the land and have another go at getting consent.
For example, you mention that the Highways Dept objected. I came across a developer who was refused Planning Consent because the new access road would have inadequate highway sight lines. He argued with the Highways Dept about it for many months.
But he eventually got consent by buying a very small strip of the neighbour's front garden, clearing it, and realigning the access road slightly.
(A second neighbour was very angry that the first neighbour had 'cashed in' by selling a small piece of garden, and so let a large development get planning consent!)0 -
No, it would not normally be mentioned, unless the seller/estate agent chose to mention it to prevent wasting time with sellers who would pull out.
However they shouldn't misrepresent it either. I wouldn't expect any "development potential" statements on the property advert if they know it's been refused.Changing the world, one sarcastic comment at a time.0 -
Interesting, thanks for the views.
eddddy, I hope that this scenario does not happen in this instance. The neighbour who would be in a position to sell a bit of their front garden is a lady in her 90s. I hope she's not thinking of moving on any time soon............0 -
No. Estate agent need not inform anyone.
If they specifically ask, through solicitors, then it would be advisable to disclose.0
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