Seller lied on property information form about conservatory

jwalrus9

@user1977 apologies for earlier comment , you have been very helpful which is kind of you. Given I'd admitted fault at not checking the TA6 originally, I didn't see why that needed to be brought up as it didn't answer my question. Not targeted specifically at you, but on this thread there seems to be a bias in favour of the seller ... Maybe it's always like this 

jwalrus9

@Atomix maybe...do you believe that though ? Feels like he wanted just to get rid of it quick

jwalrus9

@Atomix more importantly, would a judge believe that...

jonnydeppiwish!

jwalrus9 said:

@user1977 apologies for earlier comment , you have been very helpful which is kind of you. Given I'd admitted fault at not checking the TA6 originally, I didn't see why that needed to be brought up as it didn't answer my question. Not targeted specifically at you, but on this thread there seems to be a bias in favour of the seller ... Maybe it's always like this 

Good response 👍 

Not necessarily a bias towards the seller but the purchasing of houses here in England is ‘Caveat Emptor’ on the buyer’s side. If you don’t ask or question then it tends to be your issue rather than the vendor.

jonnydeppiwish!

jwalrus9 said:

See 4.2,4.3 and 4.4 of TA6, where a concealed development' means the LA can take enforcement action. And if that incurs costs I would be looking to sue in that case ?
 

Again, the executor may not know the answers to these questions.
are you in a house that is listed, in a conservation area or an AONB?

How long has the conservatory been up?
linger that 4 years or so and you are likely to have no issue unless your fall into one of the previously mentioned categories.

PP for any new build is not guaranteed, neither is permitted development. Speak to the local planning authority and discuss your plans with them. Then, and only then, will you know if you have an issue. But given that the vendor is deceased, and an executor handled the sale, you’ve really got very little hope of any action.

RAS

Of course the executor just wanted to get rid of it.

They've had to sort out probate. They've had to clear out the house. They've had to comply with insurance requirement re visiting and security.

They may also have one of more members of the family who've not had to do that work and is chelping because they want the money. And maybe they're trying to sort out the sale before they take that holiday from 2020. Or have seen a really nice house they'd like to buy, and can't even make an offer yet.

jwalrus9

@jonnydeppiwish! Not listed or conservation area, what is AONB? thanks for advice 

jwalrus9

@RAS can we stop pretending the seller did this by mistake please .... It makes no difference either way

jonnydeppiwish!

jwalrus9 said:

@jonnydeppiwish! Not listed or conservation area, what is AONB? thanks for advice 

Area of Outstanding Natural Beauty.

Listen, I think you’re getting your knickers in a twist over possibly a ‘non’ situation.

It doesn’t make a difference whether there was or wasn’t planning permission for a conservatory if it was put up 30+ years ago. It’s there now, you saw it when you viewed the property. 

You want to replace it with an extension. Great, go and speak to the planning officer and ask them whether you need to apply for PP or PD.

There’s is a chance (possibly 0.000001%) you get asked to take it down, if it’s not in one of the specific exceptions.

Whether the executor ticked yes or no is going to make no difference whatsoever. It’s highly probably they don’t know and very unlikely that there’s was any paperwork.

Forget about the No tick and get on with your plans for the property so you can live happily.

user1977

jwalrus9 said:

@user1977 apologies for earlier comment , you have been very helpful which is kind of you. Given I'd admitted fault at not checking the TA6 originally, I didn't see why that needed to be brought up 

The fact that you obviously knew the conservatory existed is relevant, because to have any claim against the vendor it would be necessary (or at least highly desirable...) to prove that you suffered a loss because you were relying on their representations. So if for example they had removed an internal wall (and that wasn't obvious from your viewing), failed to tell you, and you later discovered there was no building regulation approval and incur expense in sorting it out, that's the sort of scenario where you might have a claim. Or they lied about how long ago an alteration was made, or they don't tell you about a boundary dispute etc.

You're also meant to mitigate any loss, so if the council only take action because you now decide to contact them and tell them about your conservatory, that's going to be all on you.