PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Planning Condition Discharge

Hi All, 

Looking for any advice /  thoughts. 

I'm selling my house and purchasing on a new development. We are close to the deadline now of the 23rd Feb however, my solicitors have asked me to pay £205 for an indemnity policy for a planning condition discharge. It's also £95+VAT for them to organise this. 

From the email they've sent, I have no choice but to pay as raising with the council potentially would take weeks and we would miss the deadline. 

I was wondering if anyone had any experience in this and why this wasn't an issue when i was purchasing the house but is now I'm selling? 

Thanks  

Comments

  • user1977
    user1977 Posts: 13,276
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    What's the planning condition about?
  • Lews100
    Lews100 Posts: 10
    First Post Combo Breaker First Anniversary
    Forumite
    user1977 said:
    What's the planning condition about?
    I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 
  • Section62
    Section62 Posts: 7,482
    First Anniversary First Post Name Dropper
    Forumite
    Lews100 said:
    user1977 said:
    What's the planning condition about?
    I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 
    If the development is relatively recent the council's website should have all the documents attached to the development's planning case.

    Your solicitor should be able to tell you which condition(s) there are concerns about.  I'd be unhappy with a solicitor who was asking me to pay over £300 without being able to explain exactly why.
  • user1977
    user1977 Posts: 13,276
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    Lews100 said:
    user1977 said:
    What's the planning condition about?
    I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 
    Why are you paying a solicitor who isn't explaining to you what's going on?
  • Lews100
    Lews100 Posts: 10
    First Post Combo Breaker First Anniversary
    Forumite
    user1977 said:
    Lews100 said:
    user1977 said:
    What's the planning condition about?
    I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 
    Why are you paying a solicitor who isn't explaining to you what's going on?
    They've told me about it being planning condition just not exactly which condition. I will ask though. 

    Section62 said:
    Lews100 said:
    user1977 said:
    What's the planning condition about?
    I've not actually been told the exact condition but I did call Barratt's as they were the original developer and they confirmed they would of satisfied them all when completing the development and blamed the local council for not providing notice it was satisfied. Sort of feels like everyone is blaming someone else. 
    If the development is relatively recent the council's website should have all the documents attached to the development's planning case.

    Your solicitor should be able to tell you which condition(s) there are concerns about.  I'd be unhappy with a solicitor who was asking me to pay over £300 without being able to explain exactly why.
    I've tried to search my development on the councils site but nothing has come up weirdly as others local have. 
  • Section62
    Section62 Posts: 7,482
    First Anniversary First Post Name Dropper
    Forumite
    Lews100 said:

    Section62 said:

    I've tried to search my development on the councils site but nothing has come up weirdly as others local have. 
    Are you limiting the search by time period?  If so the original (possibly 'outline') application may be much earlier than you are expecting.  On larger developments it isn't unusual to have 5 or even 10 years from the initial planning application and spades going in the ground.

    Alternatively, if you are searching by postcode or road name, the application site is likely to have had a different postcode and address at the time the application was made.

    If they have it, also try a map search.
  • Titus_Wadd
    Titus_Wadd Posts: 480
    First Anniversary First Post Name Dropper
    Forumite
    How old is the house, the council is less likely to issue a breach of condition notice the older the houses on the estate.  But if you find out what it requires - our house had conditions such as "cycle storage in the garage" (that's bikes locked to the shelving unit) or a "recycling and refuse station" (place to park the wheelie bins so that don't look a mess).  The condition might already be complied with, so worth checking which conditions are worrying the solicitor. 
Meet your Ambassadors

Categories

  • All Categories
  • 341.7K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.1K Spending & Discounts
  • 233.8K Work, Benefits & Business
  • 605.9K Mortgages, Homes & Bills
  • 172.4K Life & Family
  • 246.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards