Conveyancing and local searches

Blacklabfluff

I recently moved house and have discovered that 159 houses are due to be built over the next 2 years, 6 doors away. I’ve bought a house on a lane and the sprawling fields were one of the reasons I chose this house. I’ve got dogs and love walking with them.  Building work began 3 weeks ago. Perhaps rather naively of me, I had thought that if the local searches threw anything up of a worrying nature, my solicitor would have informed me. After speaking with a friend, I now understand that I should have received either the full searches or at the very least a summary report. I received nothing. 

I love my new home but the building work changes everything. Had I known about it prior to exchanging contracts, I doubt I would have continued with the purchase. 

I have emailed the solicitor and am awaiting a response. I understand they may be taking advice as this is deemed as negligence. 

Depending on their response, I have been advised to take this to the ombudsman. 

But I wondered whether anyone else has experienced anything similar? 

Please don’t come at me with negative comments. I paid my solicitor in good faith and wrongly assumed that he had my best interests at hand. I know now that I should have received the searches but as I tell my children all the time, every day is a school day. Just some days we learn more than others! 

Any advice, past experiences shared, would be helpful 🙏
Thanks in advance

user1977

You seem to have jumped ahead to negligence and ombudsman. What did the search disclose? Searches are generally only for the property itself, not every planning application in the neighbourhood.

loubel

The local search would not have disclosed planning applications 6 houses away. Your environmental report might have flagged them for further investigation, depending on what sort of report was obtained.

Did you not get a copy of the searches and a report from your solicitor - which would usually explain what the searches do and do not include and recommend carrying out your own investigations if you are concerned about nearby development.

You may have a complaint if they did not actually give you any information about what you were buying, but it is unlikely that they were negligent in not knowing there was planned development nearby.

Blacklabfluff

Thank you for your responses. Perhaps I haven’t been clear. I haven’t had the searches or a summary report

user1977

So first step is to get a copy, before throwing around accusations of negligence. I expect the most likely explanation is that your solicitors didn't highlight anything adverse because there was nothing of note disclosed in the searches.

Blacklabfluff

Thanks.
Not throwing any accusations. Just what I’ve been advised! 

Like I said before, just looking for some constructive advice. 

itsthelittlethings

I would have thought that searches would have turned up such a major planning application.

Tiglet2

Could you perhaps check through all the paperwork you received from your solicitor during the course of the transaction?

It would be very irregular not to receive a copy of the searches (assuming you did pay for them) and the Report on Title (summary report).  Perhaps check your email for the searches (including spam) to see if they are there.  I would very surprised if you had not received the summary report, as this is usually sent by post with the contract and other forms which need a wet signature, towards the end of the conveyancing transaction.

But as already mentioned, searches relate to the property.  You can log on to the council's planning website and search for applications in the vicinity and most buyers would do this when interested in purchasing a property with fields etc nearby.

We bought a property with fields at the back and front 15 years ago.  No plans to build on it then, but now there are.  

Blacklabfluff

Thanks Tiglet2

ive checked several times, all emails and attachments, just to ensure I’ve missed nothing. But no, nothing at all. And the contract was emailed on its own. I’ve not received any paperwork via the post. No searches or summary report.

I had an email early on in the conveyancing cycle asking for the search fees and my confirmation of transfer of funds. They have acknowledged they had received the searches. 

I wasn’t aware until recently that I should have seen the report prior to exchange so guess this is my fault.
But like you have said, if the searches wouldn’t have picked up the planning application then it’s irrelevant anyway. 

Thanks for your time

magicmoneyportaloo

For future reference (not too relevant to the OP) you can look up planning applications (approved or not) online on the local council's website for free. Don't think planning applications are a part of property searches.

Myci85

We were advised to check local planning ourselves for any developments as the searches etc would not highlight any of this. 

I can empathise as I would also be upset to buy somewhere surrounded by fields and then find them being built on, something that was at the front of my mind with every house we viewed. However, as a previous poster has raised, even if there were no plans for development at the time you bought, that doesn't mean the fields would not be built on in the future. It's a sad reality that lots of natural spaces on the edges of towns/villages are now being swallowed up by new housing developments. Our house looks out onto a new development (smaller scale) and I know had a lived here when it was open fields I would hate the new view, but as its all we've known, it doesn't bother me, still have lots of green trees in view as there is a hill immediately behind with woodland.