Buying house and neighbours convened party wall act and submitted false planning plan

Swlondon

We have started to purchase a detached house in a conservation area and as we want to undertake a lower ground extension to the existing cellar we asked a structural engineer to assess the work and he found what he calls an issue for major concern. We are in a Conservation Area and the neighbour to the detached property built and received planning permission in 2002 to convert their garage into their kitchen however from the plans it proves they built an additional 3 metres further and subsequently built their wall to give barely 20 cm and no access at all to our party wall. They also failed to submit party act notice in anyway and we really want to try and buy this house but as it is built so close it could affect our own ability to do our work as we have no access to the flank wall anymore and the gap allows for water to collect and means we cannot access our property to underpin and secure our own property. The vendor is elderly and though she is very organise the stress of her starting legal proceedings through her insurers and likelihood of winning isn't a real possibility. We know we can do our own building work by excavating solely from our end and we now the neighbours cannot oppose since they contravened themselves but one never knows. Our surveyor says we have to seek legal advice and yet being able to instruct the neighbour to chop their extension back by two-three metres before we've completed Is so unlikely the council can still uphold its approval unless we go through civil courts or can they? Is there anyway we can demand something from the neighbour to ensure our work and our property violations are satisfied in anyway at all. The house is great value and otherwise a fantastic property and we are not willing to walk away, we just don't how to resolve this prior to purchase in the next few weeks.

AnotherJoe

Are you aware of the concept of paragraphs?

I find that slab unreadable.

But judging from what you wrote before I gave up, since you have "started to purchase" that means you haven't purchased, so walk rather than get into a costly legal quagmire.

Swlondon

I am aware but full stops seems unnecessary with the shortage of time I have.

Any solutions would rather not walk away

silvercar

Work on the basis that the neighbouring property is what it is and won't be changed. Then decide if you want to buy the one you are interested in. The likelihood of being able to persuade planning or the courts to demand a neighbour undo an extension built 14 years ago is no way guaranteed.

DRP

silvercar wrote: »

Work on the basis that the neighbouring property is what it is and won't be changed. Then decide if you want to buy the one you are interested in. The likelihood of being able to persuade planning or the courts to demand a neighbour undo an extension built 14 years ago is no way guaranteed.

Optimistic!

lovinituk

I would have helped but with my shortage of time and all that...

Swlondon

Thank you, I think that's true basis that extension is not likely to be taken down as not likely to be resolved due to cost of taking this further.

It may be about agreeing access with neighbours to maintain our wall/erect scaffolding on the flat roof of the illegally built extension which acts as a storage facility for their kitchen. We care about this house very much as it is the best location for us in proximity to very ill parents and allows us the space to take them in. We are buying the proper at a considerable reduction also so the value is there.
The seller is a very honourable lady who wants to move abroad to be with her family in her last years and we want to try and resolve it as the opportunity for all parties is too ideal to walk away. We also have no chain as does she so the time to work is out.

dc197

Your surveyor says to seek legal advice. What does your solicitor say?

AnnieO1234

If you require a mortgage, this may not be as simple as ignoring it.

Xxx

G_M

Anotherjoesaidparagraphsnotfullstopsbutilikeyoudon'thavemuchtimesodon'tputspacesinasforyourquestionitseems

Hoploz

You need to forget what may or may not have been illegal in the past. It's there now. It's staying. Planning can't enforce anything after 15 years. The time to challenge it was when it was being built.

Either you change your plans (it hasn't been a problem for the current owners - it is your ideas/plans which are flagging this up)

Or you do the work you would like to do in a different way.

Or you don't buy it.