Extension permission

proformance

Hi guys, 

Agreed an offer for a property and was told from the beginning that everything had been agreed between both other freeholders + Council that permission was granted. The councils' planning paperwork reflects this. 

However, now the agent is saying that the seller does not have complete agreement from the other freeholders and is now asking us if we'd be OK to proceed on the basis that the other freeholders will need what I read to be as greasing. 

Is this normal and how do these things unfold?

A big reason for the purchase was the allegedly signed, sealed permission to do the extension, so this has rocked us a bit.. 

Thanks as always everyone. 

Comms69

You've lost me. You are buying a freehold house with planning permission?

davidmcn

More info needed. Why is consent needed from other freeholders? What is your solicitor saying?

eddddy

You need to be a lot clearer. But I'm guessing it's that you want to extend a leasehold property onto land which 'belongs' to the freeholders.

If that's the case, obviously you need to 'buy' the land from the freeholders - if that's what you mean by 'greasing'.

foxy-stoat

Estate Agent probably didn't know, or care, what they were saying - they are just trying to get a sale any way they can.

Look for another property that you don't need to extend.

proformance

Hi guys sorry I wasn't clear - 

The property is "share of freehold".
The agent had said that everything was good to go.

Now he's saying he made a mistake and a free will need to be negotiated with the other freeholders.

Wondering how much these things can cost sjg how negotiations work? 

eddddy

proformance said:

Now he's saying he made a mistake and a free will need to be negotiated with the other freeholders.

But why does a fee need to be negotiated with the other joint freeholders?

• Is it because you need to 'buy' some land from them?
• Is it because they need to agree to lease variation?

If it's either of those, they have the right to refuse to agree, and they have the right to ask for any amount of money they choose.

If you can't reach agreement (e.g. you're not prepared to pay whatever amount they ask for), you probably wouldn't be able to do the extension.

TBagpuss

You need to ask your solicitor - agents know nothing about the legalities or about planning rules, your solicitor will be able to look at the paperwork and tell you what is still needed and what the normal process would be in terms of consents and any costs involved. 

eddddy

TBagpuss said:

You need to ask your solicitor - agents know nothing about the legalities or about planning rules, your solicitor will be able to look at the paperwork and tell you what is still needed and what the normal process would be in terms of consents and any costs involved. 

I'd say it's much quicker and easier to ask the EA/seller first - and then confirm the details with the solicitor.

For example, if the seller has checked the lease to confirm that a premium is payable for the extension, and if the joint freeholders are asking for, say, a £50k premium for the extension - maybe the OP wants to consider their options now, rather than wait a couple of weeks for a reply via solicitors (with a chunk of solicitors fees).

proformance

Hi guys 

Thanks for this. 

So, they can charge whatever they want... Do I get the names of the other freeholders and just talk to them? 

eddddy

proformance said:

So, they can charge whatever they want... Do I get the names of the other freeholders and just talk to them? 

It's very possible that they can charge whatever they want.

It's probably better to ask via the seller - ask what discussions they've already had with the other joint freeholders,  what payments were mentioned, etc.  And if the seller hasn't discussed money yet, suggest that they to discuss it now and get back to you.

But bear in mind, the joint freeholders could say they want £10k, then after you've bought, change their minds and say £50k.

If you want to avoid that you'd need your solicitor to get everyone to sign binding contracts.