Next door planning application before exchange

ukmike2k

My house was under offer 2 months ago,i believe the buyers solicitor has done the searches but a few days ago my next door neighbour put in a planning application for a 2 story extension.

Do i have to tell my solicitor about this?What could happen if i said nothing & just wait till exchange happens?

ss2020jd

ukmike2k said:

My house was under offer 2 months ago,i believe the buyers solicitor has done the searches but a few days ago my next door neighbour put in a planning application for a 2 story extension.

Do i have to tell my solicitor about this?What could happen if i said nothing & just wait till exchange happens?

I don’t believe you have to say anything. It is up to the buyer to do further checks before buying. As well as the local searches and planning search, if requested, done by a solicitor or search company, the buyer can just search for planning applications online up to exchange. 

I checked regularly and kept my eye out after the searches were done but I realised I can’t cover every eventuality, as once moved in the neighbours can put in for applications any time. 

user1977

You've already filled in a TA6 form (one of these)?

You said "no" in answer to questions 3.1 and 3.2?

Like it says on the second page, "If you later become aware of any information which would alter any replies you have given, you must inform your solicitor immediately."

UnderOffer

If you were not selling and continued to live there, would you be happy with the proposed extension plans? Would you object to the plans? If no and you are confident your buyers won’t be concerned then no harm in immediately letting your solicitor or EA know of this news. 

If the proposals would adversely effect your enjoyment of your current home then in my opinion you should still let the buyers know. 

canaldumidi

If you have not yet completed form TA6, you will have to answer 'yes' to question 3.

If you have already completed form TA6, and answered 'No' to question 3, you will have to inform your solicitor (who will inform the buyer's solicitor) that there has been a change to your answer. You agreed to do this when you signed the form.

Updated Property Information Form (TA6) and guidance notes ...

ss2020jd

canaldumidi said:

If you have not yet completed form TA6, you will have to answer 'yes' to question 3.

If you have already completed form TA6, and answered 'No' to question 3, you will have to inform your solicitor (who will inform the buyer's solicitor) that there has been a change to your answer. You agreed to do this when you signed the form.

Updated Property Information Form (TA6) and guidance notes ...

I stand corrected. My solicitor advised me that any changes that arise after the searches may occur:

 Additionally, you should understand that circumstances can always change, for example, on the day after the Search has been made and any such changes would not, of course, be shown on such Search.   

I didn’t realise the seller had a duty to disclose that but that is good to be aware of. 

badger09

ss2020jd said:

canaldumidi said:

If you have not yet completed form TA6, you will have to answer 'yes' to question 3.

If you have already completed form TA6, and answered 'No' to question 3, you will have to inform your solicitor (who will inform the buyer's solicitor) that there has been a change to your answer. You agreed to do this when you signed the form.

Updated Property Information Form (TA6) and guidance notes ...

I stand corrected. My solicitor advised me that any changes that arise after the searches may occur:

 Additionally, you should understand that circumstances can always change, for example, on the day after the Search has been made and any such changes would not, of course, be shown on such Search.   

I didn’t realise the seller had a duty to disclose that but that is good to be aware of. 

But that's not the same thing.

The LA Searches etc are a snapshot of the position on the day they were done. 

If a planning application is submitted after that date, the seller might not be informed because they are not directly impacted. In which case, the the buyer will not know about it unless they do their own research. 

However, if the seller is informed about such an application, they must notify their solicitor.

OP clearly knows about next door's planning application, so must notify his solicitor.