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Planning breach query
bigbuyer
Posts: 2 Newbie
Hello
I am thinking of buying a new build property. How can I make sure that there wasn’t any planning breach while constructing the property? It is built by a local builder. Do you think solicitor’s and bank’s searches will ever come to know about any breach?
Many thanks
I am thinking of buying a new build property. How can I make sure that there wasn’t any planning breach while constructing the property? It is built by a local builder. Do you think solicitor’s and bank’s searches will ever come to know about any breach?
Many thanks
0
Comments
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Why do you think there may have been a breach?
IF the builder can show you that the planning dept have signed off the build, then you'll know there was no breach?If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Planning approve the plans but they rarely check what is actually build.
You should be able to view the planning application online which will include the plans and any Council imposed conditions.
You can check that what you are looking at matches the plans and most of the conditions will be obvious or irrelevant.
You can also search the Council website for any Planning Enforcement Notices at the site.0 -
Your solicitor will insist on a completion certificate signed of by the District Surveyor / Building Control (although a lot of developers use private companies now, they still have to be submitted to the local council).0
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Hi bigbuyer
You can ask your solicitor to make a pre-contract enquiry along the lines of "Does the property conform to all appropriate planning regulations and is it constructed according to the planning consent that was granted?".
If the builder replies "Yes", but the planning department then take enforcement action (e.g. you have to rebuild something), you can claim the costs from the builder.0 -
Don't confuse Planning Permission with Building Control. They are different.
PP is permission to build something (subject to conditions like colour of bricks for example). Look at the approved planning application and it's generally easy to see if the construction matches, or is, for example, double the size!
BC is about the quality of construction, whether it is safe, properly insulated, with sufficient depth of foundations etc. This gets aproved and signed off when construction ends - so ask to see the certificate.0 -
Perfect suggestions!
Will sit face to face with the builder this weekend. So will be able to ask. But I will instruct my solicitor as suggested here as well. Its always better to be safe than sorry.
I am sure everything is in order0
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