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

MORPH3US

Wouldn't the searches pull this sort of thing up...

I'm sure my searches came up with all planning applications within a 250m radius (or something similar)...

M

Becks045

Yes, I thought a local search would inform me of a 5 storey 220+ flat development which is less than 10m from my front door too!

Apprently not! The nasty evil council say its your responsibility to check all the planning permissions that have been submitted. I asked what is the point of paying £125 for a local authority search but apprently it only searches your own property.

However, I have found something else which I will persue as apprently any road changes within a 200m radius should appear and this paricular development they are changing public highways as well as road traffic schemes. The council are accepting no responsibility are very unhelpful. I am now dealing with the county council who are responsible for highways!!

I will pick up with my solicitor about the SPIF however I expect the sellers didn't declare it so I 'll now have to prove that the council did write to them which they have infact told me.

Dead_Eye_Jones

Unlucky . Thats a hard way to learn that lesson. I hope other readers pick up on the point than when you are making the biggest purchase of your life - you need to look at every angle...

I remember noting that there were a lot of houses up for sale in a road that interested me. A quick internet search showed up plans for a supermarket development on the council website - a lucky escape! My council actually makes all planning stuff publically available, even next doors loft conversion plans were available for download!!

pinkshoes

I bet the reason for selling was due to this development!! I guess at the moment it has sea views, but i'm sure they're on dubious grounds advertising as a sea view flat, knowing very well that it wouldn't be sea view for long!! I would speak to the neighbours and see if they protested about the development, because maybe the person you bought from protested too?! And don't you have to declare any conflicts with "neighbouring" properties when you sell, as i'm sure someone mentioned on this forum before?!?!

good luck in dealing with the council. they aren't always the brightest sparks on this earth!

huglebear

My friend, a barrister, had the same issue on a city centre flat with 'river views' he bought. Had no joy with the council because they didn't want to rock the planning boat, but solicitor got him wads of compensation. You have to lodge your complaint within a certain amount of time,though; I don't know what time but do it now because the solicitor is only able to act for about 2 months after sale if you are claiming the vendor is culpable. G luck.

seven-day-weekend

MORPH3US wrote: »

Wouldn't the searches pull this sort of thing up...

I'm sure my searches came up with all planning applications within a 250m radius (or something similar)...

M

I worked on planning searches foe several years and only your property will be searched on unless something different is specifically asked for (and paid for) .

However, all planning applications are public property so if there is a plot of land near your house it is always worthwhile checking to see if there are any planning applications on it.

BUT it won't show you what isn't there and there may be no applications the day of your search and one could come in the following day.

I personally would assume that if there is a potential building plot near your house then it WILL be built upon at some time in the future.

Becks045

My solicitor has just e-mailed me a copy of the Sellers Property Information Form that the vendors filled in and they have clearly ticked no to all the questions including the section on notices and letters from the council.

We have spoken to a neighbour who assures us the whole street was written to and the planning office are going through their records to see what dates they wrote to the vendors.

I guess now I take it up with the vendors via their solicitor.

But please, please everyone, don't assume your local authority search will tell you of such developments as it doesn't and going on the basis of this it appears that people are happy to lie on the SPIF despite it clearly saying that the buyer can seek compensastion if you disclose faluse information.

According to my neighbour the vendors would have to have never left the house to know about it as it was very big news!

Any advice on how you seek compensation with such a matter would be very helpful.

kingkano

My solicitors asked loads of 'standard questions' after the seller information form came about planning and all sorts. I'm surprised yours didnt do the same??

I also went on the council planning website to check all applications locally to the 2 houses we have been interested in. The solicitors information to us also told us about certain anticipated works nearby.

For such a large block of flats I'd imagine it must have been in the works/planning for a year or something?

Altarf

If you can prove that the seller failed to disclose the information on the Sellers Property Information Form, then you could sue them for damages. The damages would be the difference between what you paid and what the house would have been worth had they disclosed the information.

Your solicitor and their solicitor will have just acted on the information provided, and as already mentioned earlier, a simple survey would not pick this up. So the buck stops with the seller.

For anybody buying a new property, a lot of councils have their planning application system online (there is a standard package they use), which allows you to look at a map, see all the properties and which have applications and the details of the applications. So you don't even have to trek down to their offices to check.

oldwiring

maninthestreet wrote: »

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.

IMO a good buyer's solicitor will ask the question. Asked, you are obliged to answer honestly.