Planning permission for purpose build flat

Apo

Hi,

I made an offer to a flat 3 months ago and last 2 months we have been waiting documents from the seller's solicitor.

When I asked my solicitor what document we are waiting for.. he said an LPE1 form and planning permission documents. These are all requested from the vendor's solicitor 2 months ago.

He initially told me that he needs planning permissions because this is a flat and he wants to see that it is converted with the permission.

I start questioning him, I told him it is a purpose build flat and he wouldn't need the planning permissions for conversion. He came back and said he needs the initial planning permissions when the flat was build. Wouldn't all this be in the land registry ?

Finally he told me he is trying to do his job correctly and cut off the conversation and told me that I should be pushing the estate agent and the vendor not him. (What a muppet... )

Is there anything I can do in this case? or my only option is to walk away and look for a new flat. I had enough of calling my solicitor and the estate agent.

Would it be also advisable to contact the seller directly ? I feel like knocking their door and having a discussion

Many thanks,

Apo

Shahni

Check the local authority's website, most have a section where you can search previous planning decisions (by postcode or reference number) and print off documentation. They normally go back to around the early 1970s. If the flat was built before then the local authority should still have the documentation, they will just need to go and find it and will normally charge a small amount for the work needed.

I should add, it should be the seller's solicitor providing this (and the seller paying the costs). It should also be them chasing the management company for the response to the LPE1. Your solicitor is probably fed up of getting it in the ear when its the other solicitor delaying, not that that excuses rudeness of course

Doozergirl

The local authority keep records of all planning permissions. You can check their website or call them.

If the flat is over four years old and has a council tax banding, there really is no problem and nothing for him to check on the planning side as it would automatically become lawful development.

Hoploz

30 seconds searching planning documents online on your local council's website ought to do it.

The EA ought to be helping chase the other document. The delay is probably with the management company and it'll have to be the vendor himself who chases this, but the EA is the person to pursue this.

Apo

Hoploz wrote: »

30 seconds searching planning documents online on your local council's website ought to do it.

The EA ought to be helping chase the other document. The delay is probably with the management company and it'll have to be the vendor himself who chases this, but the EA is the person to pursue this.

I have been calling the estate agent every single day last 2 weeks but no luck. I told my solicitor that he can get the planning permission online but he told me that online copy is not good enough for him. It looks like no body wants to help.

I am planing to knock vendors door and have a chat. They are the only person I have not talked to. If they don't want to sell their flat , I cannot do much.

Thank you,

Apo

Doozergirl

Is it a new building?

We've told you to check online. If you want a paper copy, have a check online for the reference number, as that will help, then call the cluncil
And ask them to send a copy to your solicitor. You might have to collect it from them though.

Apo

Doozergirl wrote: »

Is it a new building?

We've told you to check online. If you want a paper copy, have a check online for the reference number, as that will help, then call the cluncil
And ask them to send a copy to your solicitor. You might have to collect it from them though.

This was build in 1980s, I cannot find any planing permissions online

Doozergirl

Apo wrote: »

This was build in 1980s, I cannot find any planing permissions online

Then as I said before, There is no need for your solicitor to want it. The build is clearly legal as it has been standing for more than four years.

They need a kick up the proverbial. No one other than the council is going to have copies of that - because no one is interested! You can call them and they will search archive but there is no need for it. The build is legal.

eddddy

Out of interest, do you know if the EA getting their fee on exchange/completion? Or are they a 'cheap' paid up-front EA?

If they're getting paid on exchange/completion, it's surprising that they're not doing a better job of progressing the sale.

If the seller (or you) is using a cheap online conveyancer, that could also make matters worse.

TBH, it isn't really your solicitor's job to chase things on a day to day basis.

If the EA is not being helpful, perhaps your best bet is to get together with the vendor, and try to move things forward. (But don't approach them with 'all guns blazing'. It could be that they have no idea about the problem, and they think it's you that's dragging your feet.)

Apo

eddddy wrote: »

Out of interest, do you know if the EA getting their fee on exchange/completion? Or are they a 'cheap' paid up-front EA?

If they're getting paid on exchange/completion, it's surprising that they're not doing a better job of progressing the sale.

If the seller (or you) is using a cheap online conveyancer, that could also make matters worse.

TBH, it isn't really your solicitor's job to chase things on a day to day basis.

If the EA is not being helpful, perhaps your best bet is to get together with the vendor, and try to move things forward. (But don't approach them with 'all guns blazing'. It could be that they have no idea about the problem, and they think it's you that's dragging your feet.)

As far as I know the estate agent is getting his fee after completion. I am not using an online conveyancer and I don't think he is cheap either.

One of the problems that I have is that I cannot talk to the seller's solicitor directly. I thought about directly contacting them but I am not sure if that would create issues. I keep asking to the estate agent and my solicitor to follow up with the seller's solicitor. I have no visibility if they are doing. My solicitor is refusing to this now.

Thanks,

Apo

Shahni

The seller's solicitor would refuse to talk to you. As you have a solicitor instructed they will only go through your solicitor.