Vendors &Estate Agent did not tell me about major works granted to next door?

RHemmings

user1977 said:

RHemmings said:

doodling said:

Hi,

Cuticuraser said:

[...].

I understand its in the estate agents interest to simply sell, but there is an element of good practice and conducting business in a good manner and to avoid wasting peoples time and money they really should done their due diligence and informed me.

You misunderstand how housing sales work.  The person responsible for due diligence is the buyer, no-one else.

The EA has a duty not to lie or mislead but that is far, far, away from sensible 'due diligence'.
.

Conveyancing solicitors are also required to undertake due diligence in certain areas. 

Yes, on behalf of their client i.e. the OP. It's the buyer who is primarily responsible for their due diligence, whether done by themselves or by the professionals they employ.

And checking planning applications in the environs can be done (instantly and for free) by looking at the council website. Hopefully the OP has learned to find out a bit more about the neighbourhood before putting in offers. There's not necessarily an objective test for everything a buyer might find objectionable.

Yes, but I'm responding to a comment saying that only the buyer is responsible for due diligence.

There are situations where I believe that EAs signed up to TPOS would have to be aware of planning applications. As posted before. E.g. if those planning applications have a significant effect on claims made in property listings/marketing material. As posted before. And in general EAs signed up to TPOS are required by the code to do due diligence to make sure that any claims in materials advertising properties and statements made to buyers (and sellers) are not misleading. Note: not incorrect, but not misleading. 

I'm not saying anything inconsistent with buyers checking planning permissions before they buy - I do this myself. But, it's not the case that it's 100% up to the buyer and nobody else ever has any responsibility for due diligence. 

In the context of this thread, the buyer didn't check for planning permission until they were well into the buying process. Hence, in general it's best for the buyer to check for planning permission. But, here we're already in a situation where that didn't happen, and discussion should really be about the OP. 

theartfullodger

Surprised you'd not done what I do when (thinking about) buying a property.  Get deeds & plans (maybe leasehold and freehold) from gov.uk land registry-- £3 each, and see what planning is in place in near vicinity (in my experience free..)

I also go near there in car friday & saturday evenings for a few hours and see how "lively" the area is (free..).

Any reasons why not please??

RHemmings

theartfullodger said:

Surprised you'd not done what I do when (thinking about) buying a property.  Get deeds & plans (maybe leasehold and freehold) from gov.uk land registry-- £3 each, and see what planning is in place in near vicinity (in my experience free..)

I also go near there in car friday & saturday evenings for a few hours and see how "lively" the area is (free..).

Any reasons why not please??

I'm sure that everyone who buys properties makes mistakes. It's a big and complex process and there are many traps for young players. Some of these things are 'obvious' to us, but for someone who doesn't spend cumulative hundreds of hours on a property forum perhaps less so.

Some time ago there was a thread about a house without a dropped kerb. Not being a driver, I went out and checked that I have a dropped kerb in front of my (at that time) newly purchased house (I do). 

The OP is in the situation that they are in. And, advice for what to do given the situation is, I think, more useful than asking them why they didn't do this or that before. The OP knows now. 

Cuticuraser

I have received a copy of the TA6 form. Under section 12, which asks about whether the seller is aware of any notices or proposals of nearby works, they selected "No".

Surely the next door neighbour had to send a notice to let them know of the works, which is a legal requirements...

EssexHebridean

Cuticuraser said:

I have received a copy of the TA6 form. Under section 12, which asks about whether the seller is aware of any notices or proposals of nearby works, they selected "No".

Surely the next door neighbour had to send a notice to let them know of the works, which is a legal requirements...

They would indeed have needed to do this. Well - assuming that "next door" is within the required distance of the property with the application, which I assume it is in this case - it doesn't sound like we are talking about bordering enormous country estates, here!

Sarahspangles

Cuticuraser said:

I have received a copy of the TA6 form. Under section 12, which asks about whether the seller is aware of any notices or proposals of nearby works, they selected "No".

Surely the next door neighbour had to send a notice to let them know of the works, which is a legal requirements...

‘Notices or proposals’ suggests something that is currently being planned, which they are being consulted about. The seller is not expected to list everything that has previously been granted planning permission. That’s information that is in the public domain.

When I worked in a local authority there were often complaints that the LA searches did not provide all kinds of information including planning history of neighbouring properties. Solicitors used to inform their clients about the sort of information that wasn’t included.

TheJP

From the information you have provided,

!. You have not exchanged contracts or received the contractual information forms of which the buyer would potentially highlight the works you highlight.

2. The EA has no business with you, the seller is their client not you. There is a high probability that they didn't know about the development.

3. This is the whole point of conveyancing, you are doing your diligence. You can either accept it, renegotiate or walk away but the costs incurred are your responsibility.

As others have said, it would devalue your house value but yes it will be a nuisance whilst the building work takes place but building work happens all the time and its nothing you may be able to influence if a neighbour in other properties you may buy would do.

TheJP

Cuticuraser said:

ComicGeek said:

You could move into another house, and the next day your new neighbour puts in a planning application to demolish and rebuild - and then spends the next 10 years building it.

Not something that you can ever control.

Well that is always a chance but in this case, it almost a certainty as planning permission has been granted and if I were to purchase it, I will be subjugated to 12-24 months of construction nuisance and noise.

I understand its in the estate agents interest to simply sell, but there is an element of good practice and conducting business in a good manner and to avoid wasting peoples time and money they really should done their due diligence and informed me.

The EA dont work for you, they work for the seller. I don't think i was ever asked about potential planning or developments when selling via the EA as that's usually the responsibility of your conveyancer as part of the selling/buying process of the contract.

Cuticuraser

TheJP said:

From the information you have provided,

!. You have not exchanged contracts or received the contractual information forms of which the buyer would potentially highlight the works you highlight.

2. The EA has no business with you, the seller is their client not you. There is a high probability that they didn't know about the development.

3. This is the whole point of conveyancing, you are doing your diligence. You can either accept it, renegotiate or walk away but the costs incurred are your responsibility.

As others have said, it would devalue your house value but yes it will be a nuisance whilst the building work takes place but building work happens all the time and its nothing you may be able to influence if a neighbour in other properties you may buy would do.

Interesting you say that it will devalue my house. Do you mean for the longer term or just short term as I will have to deal with the hassle of construction work of up to 2 years?

TheJP

Cuticuraser said:

TheJP said:

From the information you have provided,

!. You have not exchanged contracts or received the contractual information forms of which the buyer would potentially highlight the works you highlight.

2. The EA has no business with you, the seller is their client not you. There is a high probability that they didn't know about the development.

3. This is the whole point of conveyancing, you are doing your diligence. You can either accept it, renegotiate or walk away but the costs incurred are your responsibility.

As others have said, it would devalue your house value but yes it will be a nuisance whilst the building work takes place but building work happens all the time and its nothing you may be able to influence if a neighbour in other properties you may buy would do.

Interesting you say that it will devalue my house. Do you mean for the longer term or just short term as I will have to deal with the hassle of construction work of up to 2 years?

Apologies that should say wouldn't devalue your home. The house i currently own had quite an extensive extension before we bought it. We and our neighbour shared a shared long driveway, i asked them what it was like when the works was being done,  the response was great. Didn't notice them much as we would be at work however they were very appreciative of the proximity of our house and the builders would notify them in advance of loud disruptive works. The builders also paid for the neighbours cars to be cleaned once a month (appreciate that isn't a norm) which was a nice touch. The builders also agreed to use excess tarmac on our neighbours drive as they wanted to create more parking space.

Sometimes small developments can work in your favour. However i do appreciate that 12-18 months of building work in a new home isn't ideal. I hope you find a happy medium.