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Planning enforcement & mortgage
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RmWooll
Posts: 1 Newbie
Hello,
This is my first post so apologies if it is too wordy! In short my husband and I are in the process of buying a freehold property on a private road. The management company has been dissolved. There is a play area that is considered ‘common ground’. Originally all residents should have contributed to its upkeep but for some reason they collectively refused and it has now fallen into disrepair. The council have closed it off due to health and safety reasons. There has now been a complaint about it and as it was part of the planning permission it is now considered a ‘breach of condition’ and planning enforcement action may be taken.
My solicitor is advising us not to proceed with the property, he is also advising the bank (halifax) not to lend? We can take a view to continue and see what happens but obviously if the bank says no we cannot buy the house.
We’re gutted about this, it’s all about a play area, the house has flown through all other surveys.
Any ideas? Anyone been here before?
This is my first post so apologies if it is too wordy! In short my husband and I are in the process of buying a freehold property on a private road. The management company has been dissolved. There is a play area that is considered ‘common ground’. Originally all residents should have contributed to its upkeep but for some reason they collectively refused and it has now fallen into disrepair. The council have closed it off due to health and safety reasons. There has now been a complaint about it and as it was part of the planning permission it is now considered a ‘breach of condition’ and planning enforcement action may be taken.
My solicitor is advising us not to proceed with the property, he is also advising the bank (halifax) not to lend? We can take a view to continue and see what happens but obviously if the bank says no we cannot buy the house.
We’re gutted about this, it’s all about a play area, the house has flown through all other surveys.
Any ideas? Anyone been here before?
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