Where do we stand?

Confusedhomebuyer99

Hi all hoping for some guidance please. 

We proceeded with purchasing a new build earlier this year. We were due to exchange contracts but it came to our attention at the final hour there was issues with planning permission - the issues are based on the material used for the build which have been refused (after house is built with said materials) 

We assumed that any outstanding issues with planning permission would be flagged by our solicitor or the developer, but this wasn’t the case - we found out of our own accord when looking at planning permission portal.

The developer said we need to pay for upgrades ahead of exchange which seems to be normal practice and we had no issues with. Including all fees so far we have paid around £12k. We’re  now in the predicament that means if a suitable resolution can’t be found between developer and the local authority, we may need to withdraw from the purchase. Hopefully this is a last resort but trying to understand what (if anything) we’d be able to claim back from money invested, given issues around planning were not disclosed to us, but the developer would’ve been aware of this when requesting funds for upgrades. 

We haven’t yet exchanged, but invested this money in good faith that the house would be to the spec we were sold. Obviously the house will look different to some extent, depending on the material the local authority agrees is acceptable. The bigger issue is we have no idea around timescales for fix and we’re currently stuck in limbo (not ideal, as I sold my property for this purchase so have had to sort temp accommodation in the interim, with little visibility of when exactly this will be resolved). 

To add to this, the developer requested we use a specific solicitor (which we agreed to). The solicitor has been less than helpful since the came to light, and we can’t help but feel there is a conflict of interest due to whatever arrangement/benefit/incentive the developer gets for requesting the use of the solicitor. Should the issues with PP have been flagged by this solicitor or is this a responsibility outside of their remit? 

sheenas

Well its well within their remit, it happens from time to time that new builds are sold without planning permission, so it’s good this has been picked up now. The builders will resolve the issue as they need to sell the house. I guess it’s a waiting game.

sheramber

This reads as very familiar. 

Is this a second post about the  same situation? 

https://forums.moneysavingexpert.com/discussion/6619780/help-needed-please-new-build-house-5-months-in-find-out-they-don-t-have-full-planning-permission?utm_source=community-search&utm_medium=organic-search&utm_term=new+build+no+planning+permission