Is our solicitor negligent?

kkk_3

Our buyer's solicitor has just raised a query relating to "planning consent with conditions" to convert one house into two - dating back to 1987. It seems that at one point our tiny terrace was knocked through to the house next door and then sealed up again in 1987. Their solicitor wants to see a copy of the planning consent but our solicitor doesn't have it - even though he did our conveyancing when we bought it just 5 years ago. He has now written to the planning department to ask for a copy but I'm tearing my hair out, either he was negligent in not checking this before we bought or the buyers are being hugely pedantic in asking to see planning permission for something done 18 years ago. Does anyone know which? I have no idea how long it will take the planning dept to send a copy through, maybe weeks. Is there anything I can do to put pressure on the buyers to exchange - we accepted their offer in January and there's no chain.

frugal_dougal_3

Planning consent would have been a requirement for the original knock-through and also for the conversion back again. Your buyers solicitor is ensuring that this was done legitimately on both occasions which is perfectly reasonable, and only your solicitor can answer the question as to why he/she didn't do the same enquiry.

You would be reasonable in asking for this matter to be expedited due to the time lapse since you accepted the offer.

Either way, there is probably no need to panic unless you are in danger of losing another property that you are after.

kittygalore_2

kkk wrote:

Our buyer's solicitor has just raised a query relating to "planning consent with conditions" to convert one house into two - dating back to 1987. It seems that at one point our tiny terrace was knocked through to the house next door and then sealed up again in 1987. Their solicitor wants to see a copy of the planning consent but our solicitor doesn't have it - even though he did our conveyancing when we bought it just 5 years ago. He has now written to the planning department to ask for a copy but I'm tearing my hair out, either he was negligent in not checking this before we bought or the buyers are being hugely pedantic in asking to see planning permission for something done 18 years ago. Does anyone know which? I have no idea how long it will take the planning dept to send a copy through, maybe weeks. Is there anything I can do to put pressure on the buyers to exchange - we accepted their offer in January and there's no chain.

Some buyers and their solicitors are pedantic - they must dot every 'i' and cross every 't' before they'll sign anything. And many buyers will use any excuse to get the price reduced too, even just before contracts are exchanged when they think they have you over a barrel!

Having carried out my own conveyancing on the last 4 occasions, I can say with certainty that anyone can visit the Planning Dept (no appointment is necessary at my local offices - you just walk in; may be the same with yours) and ask for copies of documents (which you will have to pay a small fee for, of course.) You don't have to be a legal person and these depts are usually very helpful - they will explain anything you don't understand.
This might put your mind at rest and perhaps if you can just walk in and pick them up, it might speed things up a bit. If you decide to do this, let your solicitor know.

A similar thing happened to us with our last house, where a wall had been knocked down 10 years before to create a through-lounge. Our seller's solicitor had no document relating to it so could not pass it on to us.
I visited the planning dept who were able to tell me that although it had not had planning permission, it did have building regs approval so let me have a copy of this immediately, which kept our lender happy.
As it turned out, because the situation had been that way for more than 4 years, permission or approval was irrelevant and it no longer would have required any.
That may be so with your house - best to check with your solicitor.

Your solicitor should (and probably will) point out to your buyer's solicitor that the same situation has been in place and apparently acceptable to a series of past owners (and their lenders) for the past 18 years.
With property, as you know, the longer a situation has been in place, the more legal weight it seems to carry.

Incidentally, did you know that there is a special indemnity insurance introduced a few years ago (that I think costs about £75) that will safeguard you against any legal action possibly taken by your buyers after they have moved in (say the house caved in :eek: after you'd sold it) - the policy covers exactly your type of scenario. Your solicitor may suggest it to you; if not, ask him/her about it. I would definitely take it in any case.
Good luck.

frugal_dougal_3

kittygalore wrote:

A similar thing happened to us with our last house, where a wall had been knocked down 10 years before to create a through-lounge. Our seller's solicitor had no document relating to it so could not pass it on to us.
I visited the planning dept who were able to tell me that although it had not had planning permission, it did have building regs approval so let me have a copy of this immediately, which kept our lender happy.
As it turned out, because the situation had been that way for more than 4 years, permission or approval was irrelevant and it no longer would have required any.
That may be so with your house - best to check with your solicitor.

This scenario is a different animal to kkk's situation. The above would probably have only have needed building regs approval anyway as it's knocking an interior wall out. kkk is referring to two separate dwellings so the 4 years is unlikely to come into play.

However kkk's house will be on the title deeds as a separate dwelling which is why I said there is probably no reason to panic.