Selling a house - does a seller have to inform buyer of proposed development

Becks045

Hi

I've recently purchased a new house to discover to my horror that they are building a 5 storey block of flats opposite me. This didn't appear on my local authority search but apprently it wouldn't as searches only check your own property.

However I am now going to lose my sea view and light into my property.

I'm trying to find out whether the seller should have disclosed to the solicitor that there was a development that would effect the value of the property etc. Do solicitors ask these questions to sellers?

If anyone can help, I'd really apprecaite it.

going2die_rich

Why would someone selling up tell their solicitor about a proposed development?

Your best bet is asking the neighbours if they knew about it and when. If it's information the street was provided with you might be able to say the seller would have likely known but hide the fact when you bought.

Whether or not that would mean you'd get any money is another matter, as I dont think the seller has to reveal anything anyway unless asked. After all, you don't list everything wrong with a house when selling. I might be wrong though.

Doozergirl

No they don't have to disclose anything like that.

caveat emptor - it's for you and your solicitor to discover stuff like this

pinkshoes

Well doesn't that depend if the property was advertised as having a "sea view"? Because surely you can't sell a property with a sea view, knowing that a 5 storey block of flats is to be built obstructing the view?!?! And they must have known about the development, because councils write a letter to all nearby residents giving them opportunity to object to a building proposal!

Doozergirl

They sold it with a sea view. It has a sea view.

There's no misdescription if what you describe exists.

maninthestreet

The vendor has no legal responsibility to volunteer information such as this - they only have a legal responsibility to answer honestly any questions raised by the buyer.

dellyburgs

the seller is required to disclose any notices received by local authority etc., as asked in the Sellers Property Information Form. If the building has already started I assume that the notices will have been sent to properties in the neighbourhood some time ago. I would definitely investigate with the neighbours and ask if they have received anything in writing. If they have withheld this information and stated falsely in the SPIF that they had received no notices, you will be in a position to pursue legal action against them. Speak to your solicitor.

Doozergirl

It's only the buildings directly next door that get notices.

Becks045

I've spoken to the planning office at the council and they say all residents including the person I purchased from was informed by personal letter and that for some time there was planning notices on the lamposts in the street and adverts in the local newspapers.

I think they knew!

dellyburgs

Definitely get in touch with your solicitors then, and check what the sellers reply was in the SPIF.

Its not only the direct next door neighbours who receive notices, they are sent to any property whose right to 'light and air' may be affected by the new development.

angela110660

Same thing happened to us when we bought a mobile home on a holiday park a few years ago. Had a super sea view. Came back to check caravan during the winter time and they were laying out bases for new vans. Came back in the spring when site opened for season and were completely blocked in! Not as important as a full time home and its views but still very frustrating.