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Help! No conservatory planning/building permission & cannot get indemnity

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  • NMCI
    NMCI Posts: 17 Forumite
    Thanks, though I worry that it could come back to bother us..should we try to neogotiate the price? There is damp anyway and we are having that looked at with the view to negotiating...
  • System
    System Posts: 178,340 Community Admin
    10,000 Posts Photogenic Name Dropper
    NMCI wrote: »
    Thanks for the replies, perhaps it was silly to contact the Council, but I was not aware that this may have effected anything. It is the vendors fault for not obtaining the permission in the first place and then not disclosing this in the first place..

    Regardless, I am in this situation now and want to know the best course of action. The vendor is so eager to move quick and we are on good terms with them...

    It's really not your place to have contacted the council whether or not you understand the implications of it, the seller should be responsible for satisfying the queries your solicitor makes about the property, maybe they have a note from an architect saying it meets permitted development or similar, but you have removed the cheapest and simplest way to sort out the problem so you need to be a bit more open to sorting it, rather than demanding anything
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • NMCI
    NMCI Posts: 17 Forumite
    I originally contacted the Council before we instructed solicitors as the vendor's agent was being a bit shifty when we asked about planning permission etc. So it was more for our own piece of mind before we put in a final offer. The agent has seemingly lied as he said that permission was granted, but our solicitor has confirmed that this is not the case....
  • 3mph
    3mph Posts: 247 Forumite
    Conservatory doesn't need planning permission if under a specified size just building regs

    If I was a buyer I would want it sorted and not an indemnity since that stores up trouble for when I sell.
  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How long ago was the conservatory built?
  • NMCI
    NMCI Posts: 17 Forumite
    @3mph I totally agree, I want this sorted, not simply patched up for now...

    Perhaps it is the building regs that need sorted, it is not clear what needs done, so maybe we ask for this to be inspected?
  • NMCI
    NMCI Posts: 17 Forumite
    @noh I am not sure when it was built to be honest, hoping my solicitor would be able to confirm this...
  • glasgowdan
    glasgowdan Posts: 2,968 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Why would you contact the council when all planning information is available online anyway?

    What specific permitted development criteria do you think it fails to meet? And do you actually think it's unsafe, regardless of getting a piece of paper or not?
  • 3mph
    3mph Posts: 247 Forumite
    The_r_sole
    It is their job to contact the council and find out as they are trying to buy. If it's correct no problem if wrong it needs sorting. Insurance is not a very good answer. Had the buyer explained it at start then a different matter
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    NMCI wrote: »
    I originally contacted the Council before we instructed solicitors as the vendor's agent was being a bit shifty when we asked about planning permission etc. So it was more for our own piece of mind before we put in a final offer.

    Fair enough but still, in hindsight.....
    NMCI wrote: »
    The agent has seemingly lied as he said that permission was granted, but our solicitor has confirmed that this is not the case....

    EA's do lie, but more often they are vague to avoid any kind of liability. Usually I would expect a response such as "I think so get your solicitor to check"
    It may sometimes seem like I can't spell, I can, I just can't type
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