Vendor's haven't disclosed development next door

Melaniep101

Good morning all

We're mid purchase of a new property having sold ours and everything seems to be ticking along (albeit slowly).

Prior to viewing the property originally, we searched on Google and found some information regarding the land adjacent and the plans to build a single dwelling. There was also some information that showed that the vendors had opposed the planning permission on the basis that it would spoil the views.

We're OK with that but after receiving the property information forms yesterday, we noticed that the vendors had stated that they were not aware of any plans to develop on the land next door! We're a little nervous now as if they've not disclosed this, what else is being hidden.

Has anyone else experienced this and what did you do about it?

Thanks!

Doozergirl

Has the outcome of that applixation been determined?

If it was rejected the. It's reasonable for them to not be aware of any plans if those plans were scuppered.

Melaniep101

Thanks Doozergirl.

The outline planning permission to build on the land has been approved.

ellie27

I filled in the property information form when I put my house up on the market, which was 10 months ago.....could it be that the vendor also filled in the form before the planning application went in?

I wouldnt let that put me off buying the house. Your solicitor will do various searches, I assume you are having a survey done?

Hoploz

What a blooming cheek! To actually have objected, then pretend you don't know about it!

Regardless of this, luckily you DO know about it in time. So you can make your own decision based on the facts as they stand. If they had said they didn't know of anything, then you went through and purchased and found out later, you might have had some sort of claim along the lines of 'I wouldn't have bought the house if I'd have known' but this doesn't apply as you are savvy.

However I would add, that until the building actually goes ahead, planning permissions can change. For example, they got permission to build one house, ok. Then a few months later they put in for a pair of semis. Then after this is granted they decide maybe a block of four or six maisonettes, as the footprint wouldn't be much different ..... Etc. so do bear this in mind.

Red-Squirrel_2

Oh dear, very naughty.

I think you need to speak to your solicitor, who needs to speak to their solicitor. They might need a fresh copy of the PIF and a rather stern reminder about the importance of telling the truth on it.

That's if you still want the house, even with the planning permission granted?

SplanK

Are you sure that it was the vendors that put in the opposed? When I was looking for the information regarding the extension next door are building of the house we are buying, it didn't give names or addresses?


Could it have been somebody else? Or could it even be plans that have been submitted but not approved?

It can be quite easy to be oblivious to what's going on around you sometimes so there is plausible deniability, but if it does transpire that they did indeed oppose it and knew about it, then they are in deep water. I think your solicitors need to remind them of the consequences of their actions, if I remember correctly no only the potential for being sued, for potential for 2 years in jail as well for miss-representation!

DTDfanBoy

I would use it as an opportunity to negotiate a discount, they clearly think that it may affect the sale/price, as they have chosen to not disclose the information, so I'd imagine that you should be able to use that to your advantage

Melaniep101

Thanks all for your comments.

The form would have only really been completed in the past couple of months and the objection was filed in Feb 14, so they really should have disclosed that they were aware of the development. And the name is stated on the objection so it's definitely the vendors.

Hoploz - good point, we'd only really considered a potential single dwelling which would be fine, but it could soon escalate to a block of flats - will keep this in mind.

Our solicitors have already raised this as an enquiry, so I've told them we're a bit nervous about it. Just worried now that there's other stuff going on that we're not aware of.

gazter

How keen are they to sell, and how keen are you to buy? How much do you reckon the proposed development will knock off the value of the house? If you have decided that you are going to buy it anyway, why dont you gazunder them?

phoebe1989seb

We pulled out of a purchase in 2011 over something similar.....our vendors (and their EA - we met both at the first and second viewing) omitted to mention a small development of executive houses approved for the plot behind the garden of the house. It was actually part of the car park of the nearby country pub which the pub owners had decided to build on.

Both the vendor and EA initially denied all knowledge, then admitted *something* was being built, but when pressed said these were bungalows....a quick check online showed this to be untrue.

We also saw online that our vendor had received notification of the application before we first viewed the house.

This all came to light after we did a drive-by - we lived in a different county - and saw JCBs on the plot. Despite loving the grade 2 listed house we withdrew from the purchase as the new houses would completely obscure the view over open fields which was one reason we were buying