Need advice prior to exchange

Anon777

Hi,
We are due to exchange soon but rather frustratingly, there has been a planning application for 25 houses on a field that borders part of our border. There is already a big new build estate going up on the other half of the border and to be honest, we were expecting this to happen sooner or later. Though not quite this soon!

Legally, given planning applications are public knowledge, do we need to declare anything to the buyer? I don't know on time frames but the application could well be rejected so it may not even be an issue.

Its our first time selling a house and from discussions with a few people I hear you need to declare under oath if there are any changes to the house. Would this be included or not?

Ironically, when we bought our house we weren't told about it by the developers that the larger development above was being appealed.
Thanks

notrouble

Have you yet completed a PIF(Property Information Form)?

https://www.samconveyancing.co.uk/news/conveyancing/property-information-form-ta6-explained-2342

What answer did you give to 3.1 & 3.2?

Did you read the advice on the form:

"The seller is advised to tell their solicitor immediately if they become aware of ‘any information’ which would alter replies that have been given."

Anon777

notrouble said:

Have you yet completed a PIF(Property Information Form)?

What answer did you give to 3.1 & 3.2?

Did you read the advice on the form:

"The seller is advised to tell their solicitor immediately if they become aware of ‘any information’ which would alter replies that have been given."

Yes, completed that before we had any notice of the above. Answered No to 3.1 and 3.2 which was correct at that time.

Does it matter that its not been approved? Surely if its rejected its not an issue?

davidmcn

Anon777 said:

notrouble said:

Have you yet completed a PIF(Property Information Form)?

What answer did you give to 3.1 & 3.2?

Did you read the advice on the form:

"The seller is advised to tell their solicitor immediately if they become aware of ‘any information’ which would alter replies that have been given."

Yes, completed that before we had any notice of the above. Answered No to 3.1 and 3.2 which was correct at that time.

You read the rest of the form?
"If you later become aware of any information which would alter any replies you have given, you must inform your solicitor immediately".

BJV

I know it is difficult but I would tell your solicitor. After all it may not be a problem to the new owners, it might even increase the house prices? It might be it may not be but if you dont tell them you will never know. How would you feel if someone did it to you? 

Anon777

But if it gets rejected is it not just creating a big issue over nothing? I can understand if its approved and I would tell them then but in my view there isn't any news as yet?

davidmcn

Anon777 said:

But if it gets rejected is it not just creating a big issue over nothing? I can understand if its approved and I would tell them then but in my view there isn't any news as yet?

You won't find out for months what the outcome of the application is, and it's more likely to be granted than rejected.

Anon777

davidmcn said:

Anon777 said:

But if it gets rejected is it not just creating a big issue over nothing? I can understand if its approved and I would tell them then but in my view there isn't any news as yet?

You won't find out for months what the outcome of the application is, and it's more likely to be granted than rejected.

I feared that may be the answer, but very well, just dropping an email to the solicitors now. Fingers crossed it all goes through ok still!

davidmcn

If your buyers have any sense they'll have realised that the field bordering residential development (and which is presumably already zoned for residential development), will at some stage get a planning application for residential development...

Anon777

davidmcn said:

If your buyers have any sense they'll have realised that the field bordering residential development (and which is presumably already zoned for residential development), will at some stage get a planning application for residential development...

Agreed, it was always going to happen. It was just a matter of when. They were trying to convert it to public open space to offset another area of public open space they wanted to build on but must have changed their minds.
I'd like to think they were expecting it. They want a new build property so its unlikely they'd find one that isn't surrounded anyway.
Either way, I'll keep my fingers crossed that it doesn't affect things.