Neighbours Extension / Planning issues - Impact on selling my property

20vt-rs

Hi all,


Many thanks for the feedback... To clarify the extension isn't overlooking, in fact it does the opposite and gives our garden more privacy than we had before. The issue seems to be the design and height is not in line with the council regs, so I think eventually it will be modified to fit.



My main concern is if prospective buyers legal searches bring up a marker that next door has this open dispute and it could then scupper us selling. I have heard these appeals can take years to resolve and we might not want to wait that long to sell!


It does sound like a non-issue potentially then, but I guess I need to ask a legal person / company to clarify.

davidmcn

20vt-rs wrote: »

My main concern is if prospective buyers legal searches bring up a marker that next door has this open dispute

It's not a dispute with you though, is it? It's just something which the neighbours need to sort out with the planners.

The only potential irritation from a buyer's point of view is any disruption if there's a demolition and rebuilding of the extension - but that could potentially happen anyway.

PasturesNew

20vt-rs wrote: »

I have heard these appeals can take years to resolve and we might not want to wait that long to sell!

What's happening his side of the fence, based on the fact it won't be "any worse" than what a viewer saw when they came .... is of no importance to 99% of buyers.

Really ... don't worry about it.

ACG

Was the planning permission rejected because of something you raised?
That could be seen as a dispute (you would need to check with your conveyancer as I do not know the answer).

Assuming not, then I can not see a problem personally - but no harm checking with the solicitor you will be using to deal with the sale. They are the people you are paying for advice.

SeasideSally

20vt-rs wrote: »

Anyway, will this issue next door cause us any problems selling, will it come out in solicitor searches etc? The agent who valued our property thinks not, but I need to double check. It's annoying but we might have to wait selling until they get their stuff sorted out...

Planning applications remain on record for all to see. So, even when the matter is resolved, there will still be a record of the rejected planning application and failed appeal, so waiting for it to be sorted out won't make a difference. Any prospective buyer can search for planning applications near your home and find your neighbour's extension issues.

But I can't imagine why your neighbour's problem with the planning department should affect your sale. My current neighbour has an outbuilding that's breached planning regulations (listed building, conservation area), but I can't see why his problem with the planning department will affect the sale of my house (which is now on the market).

If your neighbour's extension isn't an issue in itself, because it's ugly, etc., then I can't imagine why it would affect anyone viewing your house.

Davesnave

ACG wrote: »

Was the planning permission rejected because of something you raised?
That could be seen as a dispute (you would need to check with your conveyancer as I do not know the answer).

I don't think the council are obliged to reveal their sources if someone tips them off that a construction breaches planning law. I'm therefore not sure how such a 'dispute,' if that's what it is, could be established if not volunteered on the TA6.

ProDave

Any objections raised about a planning application become public to view.

Likewise you can go and view exactly what he planners said and why they refused the retrospective planning application as you can the decision of the appeal. At least you will know what is not liked /needs to be changed to make it compliant.

My guess is he thought it was covered by permitted development and he either built it the wrong size or miss interpreted the rules on PD.

If you do sell any buyers will want to look at the details of the planning application anyway as it will be flagged in the searches.

Slinky

You can't assume that the neighbour will be pressed in to fixing it anytime soon if it's only a minor breach (unlike that castle). There's some houses near us that have put garage doors on carports which breach planning. 10 years later they're still there even though they were refused permission when they applied retrospectively. If it's a minor breach, your cash strapped council may never get around to enforcing it.

Doozergirl

ProDave wrote: »

If you do sell any buyers will want to look at the details of the planning application anyway as it will be flagged in the searches.

No it won't! The only searches carried out are on the property, not neighbours. Anything else has to be purposely commissioned and paid for.

I'm surprised this thread has lasted as long as it has. It's good to talk though. You have zero issue, OP. It won't come up so the only thing will be whether the viewers don't mind what they see on the ground.

It's the neighbour's problem and whilst information is available if one were to go looking, it's no one else's business or worry.

Davesnave

ProDave wrote: »

Any objections raised about a planning application become public to view.

Entirely different. That's something I'm familiar with, thanks.

However, tipping off the planners that what's been built doesn't match a plan, or as in this case, doesn't meet the criteria for permitted development, is a private matter. It can even be done under a pseudonym.

I should make it clear that I'm not suggesting the OP did this, as there's no indication they find the extension objectionable. Others might.