Selling House with a view but new houses may be built

lookstraightahead

If they love your house they will probably risk it not happening.

JReacher1

Don’t most people google where they’re moving to anyway? Be surprised if anyone buys a house and doesn’t know about potential planning proposals. Sure it’s in the local newspapers at the very least. 

phoebe1989seb

In 2011 we pulled out of buying a Georgian, grade 2 listed village house where planning permission had been approved for some 'executive' homes in the field behind the garden which would block a lovely rural view. 

Neither the EA nor the vendor - who was present at our first (of two) viewing - was up front about it and we only discovered this (by googling) after we'd had an offer accepted.

In fact it was seeing a digger in the field at our second viewing - when we'd travelled 200 miles to measure up - that prompted our googling. We actually questioned the EA at the time and he feigned ignorance.

The properties - half a dozen five bed detached houses - were built within the following year, but the house we'd been intending to buy had another sale fall through before it went on to sell at auction for a greatly reduced price more than eighteen months later!

I think if the vendor/EA had told us about the plans, we'd have probably proceeded. It was the obvious hiding of the truth - and wondering what else they might have been less than honest about - that hacked us off 🙁

Sapindus

Even the tallest fence is not going to hide the view from the upstairs windows.  Adding a tall fence will make the garden seem smaller, and possibly add unwelcome shade depending on aspect.  A friend of mine was chuntering at one point that he wanted to buy some fast growing conifers to hide the view of the power station, I said I'd rather look at the power station than a row of conifers (not to mention all the work of cutting them).  Depending on how the development is planned, the buyers may well not be looking straight into someone else's back windows, or they may even prefer houses to the countryside.  A brand new fence just sows the idea that the development is going to be something horrible.

On balance, I would be voting against the fence. 

aoleks

If the view is that important to the buyer, he or she will inquire about it. There are searches that cover upcoming developmenta anyway, you really don’t have to do the buyer’s solicitor’s work…

also, you are not lying by describing the house as having a view, it is there and will likely be for years to come. You need to guarantee the view until you sell the house, not a day longer.

if directly and specifically asked about new developments and planning permission has been granted (i.e. you know it WILL happen, just a matter of time), you tell them. If no pp granted, it’s just speculation…

TheJP

SiliconChip said:

Section 3 of the TA6 Property Information Form requires you to disclose the following:

"Is the seller aware of any proposals to develop property or land nearby, or of any proposals to make alterations to buildings nearby? If Yes, please give details"

If you fail to disclose what you know you may become liable for compensation to your buyer.

My TA6 didn't have this question and I've just looked at an example on a solicitors website and it doesn't have it either. . The TA6 form does not ask about planning proposals as its related to the property, any development will be picked up in the searches if in the planning stage, the seller if by rumour knows there may be houses built on land surrounding them does not legally have to tell prospective buyers.

TheJP

phoebe1989seb said:

In 2011 we pulled out of buying a Georgian, grade 2 listed village house where planning permission had been approved for some 'executive' homes in the field behind the garden which would block a lovely rural view. 

Neither the EA nor the vendor - who was present at our first (of two) viewing - was up front about it and we only discovered this (by googling) after we'd had an offer accepted.

In fact it was seeing a digger in the field at our second viewing - when we'd travelled 200 miles to measure up - that prompted our googling. We actually questioned the EA at the time and he feigned ignorance.

The properties - half a dozen five bed detached houses - were built within the following year, but the house we'd been intending to buy had another sale fall through before it went on to sell at auction for a greatly reduced price more than eighteen months later!

I think if the vendor/EA had told us about the plans, we'd have probably proceeded. It was the obvious hiding of the truth - and wondering what else they might have been less than honest about - that hacked us off 🙁

Did it occur to you that they may not have known about the development? I've seen houses pop up around the houses I've lived in and not once was i aware before building work started. You only know if you go looking for it. Usually you are involved if it will affect your property i.e. a neighbour or if it will restrict light etc.

user1977

TheJP said:

SiliconChip said:

Section 3 of the TA6 Property Information Form requires you to disclose the following:

"Is the seller aware of any proposals to develop property or land nearby, or of any proposals to make alterations to buildings nearby? If Yes, please give details"

If you fail to disclose what you know you may become liable for compensation to your buyer.

My TA6 didn't have this question and I've just looked at an example on a solicitors website and it doesn't have it either. . The TA6 form does not ask about planning proposals as its related to the property, any development will be picked up in the searches if in the planning stage, the seller if by rumour knows there may be houses built on land surrounding them does not legally have to tell prospective buyers.

It's question 3.2 on the current example on the Law Society's website.

The OP still hasn't clarified whether there have actually been any planning applications. I suspect they're merely talking about the Local Plan (i.e. what sort of uses the planners would presume to be acceptable in the future), and I wouldn't view that as constituting a "proposal to develop". In which case I don't think they need to disclose anything to potential buyers, though they obviously can't talk about the view being "protected" in any way.

TheJP

user1977 said:

TheJP said:

SiliconChip said:

Section 3 of the TA6 Property Information Form requires you to disclose the following:

"Is the seller aware of any proposals to develop property or land nearby, or of any proposals to make alterations to buildings nearby? If Yes, please give details"

If you fail to disclose what you know you may become liable for compensation to your buyer.

My TA6 didn't have this question and I've just looked at an example on a solicitors website and it doesn't have it either. . The TA6 form does not ask about planning proposals as its related to the property, any development will be picked up in the searches if in the planning stage, the seller if by rumour knows there may be houses built on land surrounding them does not legally have to tell prospective buyers.

It's question 3.2 on the current example on the Law Society's website.

The OP still hasn't clarified whether there have actually been any planning applications. I suspect they're merely talking about the Local Plan (i.e. what sort of uses the planners would presume to be acceptable in the future), and I wouldn't view that as constituting a "proposal to develop". In which case I don't think they need to disclose anything to potential buyers, though they obviously can't talk about the view being "protected" in any way.

Thanks for that. 

My answer would always be no. Unless I've had something through my door addressed to me telling me/asking if I object then its a flat no. 

pinkshoes

BigJRock said:

A nice hedge sounds good long term but my wife's thinking is block the view now so prospective buyers just see a nice big garden and not a view that they will probably lose one day. I feel this may be over the top.

I'll obviously ask estate agents what they think but it would be interesting to hear people's opinions on blocking the view now when the view will be there for at least 5 more years and maybe a lot more than that.

I think you're underestimating the intelligence of buyers.

MOST buyers will research the area they are buying in, so will know about the proposed building site.
MOST buyers will also be aware that any open space can be built on, especially in this day and age.

Buyers will also have searches carried out that will probably pick this up too.

Leave it how it is, and if a buyer specifically asks, then mention it.

I'm currently sitting at my desk staring at the housing estate about 100m away that used to be a field. And when I look out my bedroom window, gone is the view of fields...

BUT... when I bought the house 7 years ago I knew about the proposed 2 housing sites so assumed the view would be lost.