Can I buy my neighbour's allocated parking space?

jonnywithoutanh

Hi all, wondering if anyone can help with this.

We recently moved into a new-build house in a central town location. Two houses were built - the other hasn't sold yet - and ours is attached to a drive on the side. The drive is intended for both houses to use for parking, but it is extremely tight and not really usable if two cars are side by side as intended. As such, we've asked our developer if we can buy the other half of the drive, and they've said yes to our offer.

However, the other house was built with an allocated parking space on its planning application. The developer says this will likely cause a problem, and we may not be able to buy the space. Is there any way around this? There is on-street parking outside the houses, and there are normally spaces (we applied for some street permits and were approved with no issue). But I'm aware allocated parking spaces are a trickier issue...

Any help appreciated. We would quite like the extra land as it is next to our house, so if there is any possible solution we are very keen to find it!

Thanks.

PartyOfFive

Think the developer has realised it may be harder to sell the other house without the parking space. Or at least reduce the price of the other house accordingly.

Who is going to buy a house when buyers turn up to a viewing to be told parking on the drive isn’t part of the sale?

eddddy

As the developer says, it's probably a planning condition that each house must have off-street parking places.


If so, somebody (you or the developer) would need to apply for planning consent to have that planning condition removed for the house next door.

If the council took the trouble of including it as a planning condition in the first place, it's probably a firm part of their planning policy - so I  doubt there'll simply remove the condition.


(You could ask the council planning department their opinion on the likelihood of getting the planning condition removed - but most councils would only deal with questions like that in writing, and charge a fee for giving their opinion.)

Section62

jonnywithoutanh said:

We recently moved into a new-build house in a central town location. Two houses were built - the other hasn't sold yet - and ours is attached to a drive on the side. The drive is intended for both houses to use for parking, but it is extremely tight and not really usable if two cars are side by side as intended. As such, we've asked our developer if we can buy the other half of the drive, and they've said yes to our offer.

However, the other house was built with an allocated parking space on its planning application. The developer says this will likely cause a problem, and we may not be able to buy the space. Is there any way around this? There is on-street parking outside the houses, and there are normally spaces (we applied for some street permits and were approved with no issue). But I'm aware allocated parking spaces are a trickier issue...

The developer is free to sell you the parking space, but if the planning consent for the other property has a condition requiring the provision of an off-street parking space then there would be a breach of the planning consent unless the developer was able to reprovide an off-street space elsewhere to the satisfaction of the planning officer.

The availability of on-street parking is irrelevant if the planning consent required one space per dwelling.  Also beware in case the consent was on the basis of one space and only one space - if so then you wouldn't be able to use the second space even if you owned it.  The council will also work on the basis of standard space sizes (e.g. 2.4x4.8m) - so if the existing area is (say) 4.8x4.8m then the council would treat it as two spaces, even if you say you will only ever park one car on it.

Debbie9009

Have the developers given you any idea of how much they would want for the parking space if they are able to sell it to you ? It would reduce the value of the other house and possibly make it more difficult to sell. So the developers may want quite a lot for it.

Brie

My first thought was that I'd be well ticked off if I bought a property that "looked" like it had parking only to discover I wasn't allowed to use it by my new neighbours.  The only person who might want the place is someone without a car at all and no friends or family.

Is there parking available out front or nearby?

theartfullodger

"Buy it" on what basis?? Purchase it outright - well that would depend on existing agreements & what any purchase agreement said.

Or you could "hire" in long-term.  Quite a popular way people make money these days: One of my (too F in many) parking apps asked by email if I wanted to rent out my drive today...

TheJP

Brie said:

My first thought was that I'd be well ticked off if I bought a property that "looked" like it had parking only to discover I wasn't allowed to use it by my new neighbours.  The only person who might want the place is someone without a car at all and no friends or family.

Is there parking available out front or nearby?

I would hazard a guess that the sales process would highlight this and conveyancing would pick up on it. Clearly the developer has realised they cant sell the drive as per planning conditions and if I'm honest find it odd they even considered it as it dilutes the value and buyer pool to sell the property. 

UnderOffer

Blimey, this could be a massive headache, as when the property eventually sells with driveway parking, it will be a race to who gets home first to park, with the second vehicle arriving and struggling to park alongside, if it is as narrow as you said. Was it not noticeable on viewing? 

lookstraightahead

Do you really want to buy someone else's space? Won't you feel uncomfortable?