Buying a house without planning permission discharged/signed off or something - HELP

tatinstro

I have spoken to my solicitor today who has tried to explain. She feels like the seller hasn't complied to the conditions and therefore at breach this is why he probably hasn't gone out and tried to discharge the properties (even after his excuse of COVID). If he was to get someone to come out to just discharge one of the dwellings, they would see issues with the rest, therefore would have to take all down.

My solicitor is really thorough and strict. She has advised that if I really want this property, she has no qualms with me going with another solicitor but she said remember they may or may not be able to get to the end for me either.

I'm assuming there isnt really anything I can do is there, I need to let the house go??

lincroft1710

As I recently said to another poster with a not too dissimilar problem "if you encounter major problems when buying and these cannot be fixed, then when you come to sell, any prospective purchaser will encounter the same problems"


I agree with you, let the house go. The vendor will either have to sort the problem or find a buyer who isn't put off by the lack of required paperwork

user1977

What are the conditions in question?

tatinstro

Here are some:

1. Notwithstanding any description of materials in the application no above ground construction works shall take place until samples or full details of materials to be used externally on the building(s) have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the type, colour and texture of the materials. Only the materials so approved shall be used, in accordance with any terms of such approval.

Reason: In order to ensure a satisfactory appearance in the interests of visual amenity in accordance with Policy DES1 of the City XXXX Unitary Development Plan and the requirements of the National Planning Policy Framework.

2. No development shall commence until a site-specific design of the proposed cellular confinement system has been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved construction method.

Reason: To ensure the continuity of amenity afforded by existing trees and protect root systems in accordance with policies EN12 and EN13 of the City XXXX Unitary Development Plan and the National Planning Policy Framework.

3. No buildings works above ground shall be undertaken until full construction details of the new site access point onto Peel Lane has been submitted to and agreed in writing by the Local Planning Authority. The submitted details shall include information concerning the dropped kerb and tactile paving. The approved details shall be implemented prior to the first occupation of the development.

Reason: To ensure the free and safe use of the highway in accordance with policy A8 of the City XXXX Unitary Development Plan and the National Planning Policy Framework.

4. Prior to commencement of development a scheme detailing intrusive site investigation works shall be submitted to the Local Planning Authority and approved in writing. The investigation works shall establish the exact situation regarding any coal mining legacy issues on the site. 

Reason: In the interests of public safety in accordance with National Planning Policy Framework.

How would I know these have been signed off or not?

loubel

Ask the seller firstly. These are all conditions that should have been sorted before he started building. If he is saying he didn't comply then I'm not convinced he can get this sorted retrospectively as the property was built in breach and you should take your solicitor's advice and walk away. If he did comply then he can provide copies of the approvals or you can ask for copies from the Council. 

sheramber

loubel said:

Ask the seller firstly. These are all conditions that should have been sorted before he started building. If he is saying he didn't comply then I'm not convinced he can get this sorted retrospectively as the property was built in breach and you should take your solicitor's advice and walk away. If he did comply then he can provide copies of the approvals or you can ask for copies from the Council. 

it would appear the seller has admitted the discharge has not been done for whatever reason.