Property Sold stating driveway but legally I cannot use it as there is no dropped kerb

Anaida9999

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

eddddy said:

Looking into this a bit further, Trading Standards and The Property Ombudsman seem to have issued "Assured Advice" to estate agents that where no dropped kerb exists...

"any agent advertising such a property should make it clear where there is ‘potential for off road parking’"

LInk: https://www.tpos.co.uk/images/Advice_Issued_-_15_-_CPRs_Additional_Situations_v2.pdf


@Section62 might feel that Trading Standards and The Property Ombudsman have based this "Assured Advice" on a misunderstanding of the law. 

But as it is "Assured Advice", I suspect that the Ombudsman would decide against any agent who ignored that advice.


I guess it's similar to the "Assured Advice" that an attic room without building regulations cannot be advertised as a bedroom. There is no law saying it cannot be used as a bedroom. And the RICS and insurance companies would describe it as a bedroom (if it has a bed in it and is used for sleeping). But estate agents are still required to follow that advice.

so on this basis the agent should not have said that the property had a 'driveway'? , they did not say it had off road parking though. but having a driveway to me suggests that it is for parking otherwise what is a driveway for?

What was present at the property when you viewed it? Was there hard standing with a car parked on it, was there hard standing with no car but space for a car to pass through from the road, by driving across the pavement? Was there grass with a fence / wall blocking direct vehicular access from the road?

there was hard standing with no car but space for a car to pass through from the road, by driving across the pavement?

In which case I'm surprised you failed to notice the lack of dropped kerb. 

its not a case of did not notice I did not know you needed a dropped kerb its hardly the first thing a person who has not had a drive before would be looking at, I can see now from google street view images that the previous owner has been using it as a drive even it if meant illegally driving over the kerb but then in the property information form they should not have written it as driveway is for parking.

Emmia

Anaida9999 said:

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

eddddy said:

Looking into this a bit further, Trading Standards and The Property Ombudsman seem to have issued "Assured Advice" to estate agents that where no dropped kerb exists...

"any agent advertising such a property should make it clear where there is ‘potential for off road parking’"

LInk: https://www.tpos.co.uk/images/Advice_Issued_-_15_-_CPRs_Additional_Situations_v2.pdf


@Section62 might feel that Trading Standards and The Property Ombudsman have based this "Assured Advice" on a misunderstanding of the law. 

But as it is "Assured Advice", I suspect that the Ombudsman would decide against any agent who ignored that advice.


I guess it's similar to the "Assured Advice" that an attic room without building regulations cannot be advertised as a bedroom. There is no law saying it cannot be used as a bedroom. And the RICS and insurance companies would describe it as a bedroom (if it has a bed in it and is used for sleeping). But estate agents are still required to follow that advice.

so on this basis the agent should not have said that the property had a 'driveway'? , they did not say it had off road parking though. but having a driveway to me suggests that it is for parking otherwise what is a driveway for?

What was present at the property when you viewed it? Was there hard standing with a car parked on it, was there hard standing with no car but space for a car to pass through from the road, by driving across the pavement? Was there grass with a fence / wall blocking direct vehicular access from the road?

there was hard standing with no car but space for a car to pass through from the road, by driving across the pavement?

In which case I'm surprised you failed to notice the lack of dropped kerb. 

its not a case of did not notice I did not know you needed a dropped kerb its hardly the first thing a person who has not had a drive before would be looking at, I can see now from google street view images that the previous owner has been using it as a drive even it if meant illegally driving over the kerb but then in the property information form they should not have written it as driveway is for parking.

Property purchase is caveat emptor - buyer beware. Really I think you should just go through the process of applying for a dropped kerb, which will cost you money(which you might be able to claim off the agent), and permission may or may not be granted. 

Anaida9999

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

eddddy said:

Looking into this a bit further, Trading Standards and The Property Ombudsman seem to have issued "Assured Advice" to estate agents that where no dropped kerb exists...

"any agent advertising such a property should make it clear where there is ‘potential for off road parking’"

LInk: https://www.tpos.co.uk/images/Advice_Issued_-_15_-_CPRs_Additional_Situations_v2.pdf


@Section62 might feel that Trading Standards and The Property Ombudsman have based this "Assured Advice" on a misunderstanding of the law. 

But as it is "Assured Advice", I suspect that the Ombudsman would decide against any agent who ignored that advice.


I guess it's similar to the "Assured Advice" that an attic room without building regulations cannot be advertised as a bedroom. There is no law saying it cannot be used as a bedroom. And the RICS and insurance companies would describe it as a bedroom (if it has a bed in it and is used for sleeping). But estate agents are still required to follow that advice.

so on this basis the agent should not have said that the property had a 'driveway'? , they did not say it had off road parking though. but having a driveway to me suggests that it is for parking otherwise what is a driveway for?

What was present at the property when you viewed it? Was there hard standing with a car parked on it, was there hard standing with no car but space for a car to pass through from the road, by driving across the pavement? Was there grass with a fence / wall blocking direct vehicular access from the road?

there was hard standing with no car but space for a car to pass through from the road, by driving across the pavement?

In which case I'm surprised you failed to notice the lack of dropped kerb. 

its not a case of did not notice I did not know you needed a dropped kerb its hardly the first thing a person who has not had a drive before would be looking at, I can see now from google street view images that the previous owner has been using it as a drive even it if meant illegally driving over the kerb but then in the property information form they should not have written it as driveway is for parking.

Property purchase is caveat emptor - buyer beware. Really I think you should just go through the process of applying for a dropped kerb, which will cost you money(which you might be able to claim off the agent), and permission may or may not be granted. 

I think I can surely get permission as both neighbours on both sides of me have dropped kerbs, i did ask the EA about this and they just said we got the wording from the customer, ie there is a driveway.

sheramber

Anaida9999 said:

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

eddddy said:

Looking into this a bit further, Trading Standards and The Property Ombudsman seem to have issued "Assured Advice" to estate agents that where no dropped kerb exists...

"any agent advertising such a property should make it clear where there is ‘potential for off road parking’"

LInk: https://www.tpos.co.uk/images/Advice_Issued_-_15_-_CPRs_Additional_Situations_v2.pdf


@Section62 might feel that Trading Standards and The Property Ombudsman have based this "Assured Advice" on a misunderstanding of the law. 

But as it is "Assured Advice", I suspect that the Ombudsman would decide against any agent who ignored that advice.


I guess it's similar to the "Assured Advice" that an attic room without building regulations cannot be advertised as a bedroom. There is no law saying it cannot be used as a bedroom. And the RICS and insurance companies would describe it as a bedroom (if it has a bed in it and is used for sleeping). But estate agents are still required to follow that advice.

so on this basis the agent should not have said that the property had a 'driveway'? , they did not say it had off road parking though. but having a driveway to me suggests that it is for parking otherwise what is a driveway for?

What was present at the property when you viewed it? Was there hard standing with a car parked on it, was there hard standing with no car but space for a car to pass through from the road, by driving across the pavement? Was there grass with a fence / wall blocking direct vehicular access from the road?

there was hard standing with no car but space for a car to pass through from the road, by driving across the pavement?

In which case I'm surprised you failed to notice the lack of dropped kerb. 

its not a case of did not notice I did not know you needed a dropped kerb its hardly the first thing a person who has not had a drive before would be looking at, I can see now from google street view images that the previous owner has been using it as a drive even it if meant illegally driving over the kerb but then in the property information form they should not have written it as driveway is for parking.

Property purchase is caveat emptor - buyer beware. Really I think you should just go through the process of applying for a dropped kerb, which will cost you money(which you might be able to claim off the agent), and permission may or may not be granted. 

I think I can surely get permission as both neighbours on both sides of me have dropped kerbs, i did ask the EA about this and they just said we got the wording from the customer, ie there is a driveway.

Did that not raise the question of the  house you were viewing not having a dropped kerb?

Did the previous owner just bump up the kerb to park on the drive?

How did you find out that it was illegal to cross the pavement without a dropped kerb?

eddddy

Emmia said:

Property purchase is caveat emptor - buyer beware....

No - not since The Consumer Protection from Unfair Trading Regulations 2008, as far as an estate agent is concerned.


As the Property Ombudsman says:

It is effectively the case that ‘caveat emptor’ no longer applies. As agents you will be responsible for equipping individuals with all material information and ensuring that they have been properly advised...

Link: https://www.tpos.co.uk/wp-content/uploads/2025/10/TPOE12-4-CPRs-Guidance-for-Estate-Agents.pdf 

In simple terms, if the estate agent knows, or should know, material information which might affect a buyer's decision to purchase, they must tell the buyer.

In fact, they must tell the buyer, even if the buyer doesn't ask.

GDB2222

Anaida9999 said:

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

Emmia said:

Anaida9999 said:

eddddy said:

Looking into this a bit further, Trading Standards and The Property Ombudsman seem to have issued "Assured Advice" to estate agents that where no dropped kerb exists...

"any agent advertising such a property should make it clear where there is ‘potential for off road parking’"

LInk: https://www.tpos.co.uk/images/Advice_Issued_-_15_-_CPRs_Additional_Situations_v2.pdf


@Section62 might feel that Trading Standards and The Property Ombudsman have based this "Assured Advice" on a misunderstanding of the law. 

But as it is "Assured Advice", I suspect that the Ombudsman would decide against any agent who ignored that advice.


I guess it's similar to the "Assured Advice" that an attic room without building regulations cannot be advertised as a bedroom. There is no law saying it cannot be used as a bedroom. And the RICS and insurance companies would describe it as a bedroom (if it has a bed in it and is used for sleeping). But estate agents are still required to follow that advice.

so on this basis the agent should not have said that the property had a 'driveway'? , they did not say it had off road parking though. but having a driveway to me suggests that it is for parking otherwise what is a driveway for?

What was present at the property when you viewed it? Was there hard standing with a car parked on it, was there hard standing with no car but space for a car to pass through from the road, by driving across the pavement? Was there grass with a fence / wall blocking direct vehicular access from the road?

there was hard standing with no car but space for a car to pass through from the road, by driving across the pavement?

In which case I'm surprised you failed to notice the lack of dropped kerb. 

its not a case of did not notice I did not know you needed a dropped kerb its hardly the first thing a person who has not had a drive before would be looking at, I can see now from google street view images that the previous owner has been using it as a drive even it if meant illegally driving over the kerb but then in the property information form they should not have written it as driveway is for parking.

Property purchase is caveat emptor - buyer beware. Really I think you should just go through the process of applying for a dropped kerb, which will cost you money(which you might be able to claim off the agent), and permission may or may not be granted. 

I think I can surely get permission as both neighbours on both sides of me have dropped kerbs, i did ask the EA about this and they just said we got the wording from the customer, ie there is a driveway.

The highway authorities don’t like lots of driveways as that means there can be a lack of parking for visitors. It depends how wide the frontages are, but the fact both neighbours have dropped kerbs does not mean that it’s a foregone conclusion for you, I’m afraid.

Section62

GDB2222 said:

...

I think I can surely get permission as both neighbours on both sides of me have dropped kerbs, i did ask the EA about this and they just said we got the wording from the customer, ie there is a driveway.

The highway authorities don’t like lots of driveways as that means there can be a lack of parking for visitors. It depends how wide the frontages are, but the fact both neighbours have dropped kerbs does not mean that it’s a foregone conclusion for you, I’m afraid.

^This.

There's no way of being sure the neighbour's dropped crossings have been approved by the council (without asking the council), and even if they were, no guarantee that the council's current crossover policy is the same and/or will be applied in the same way by the current members of staff.

In particular, some councils apply a rule of a minimum spacing between dropped kerbs - partly to maintain some kerbside parking, but also to avoid the 'wave' effect of the footway level repeatedly changing which makes it difficult and uncomfortable for wheelchair users.  Furthermore, two neighbouring properties could have slightly different frontage depths and it is perfectly possibly for one to just meet the council's criteria whereas the neighbouring one could be a centimetre too short.

monkey-fingers

eddddy said:

Emmia said:

Property purchase is caveat emptor - buyer beware....

No - not since The Consumer Protection from Unfair Trading Regulations 2008, as far as an estate agent is concerned.


As the Property Ombudsman says:

It is effectively the case that ‘caveat emptor’ no longer applies. As agents you will be responsible for equipping individuals with all material information and ensuring that they have been properly advised...

Link: https://www.tpos.co.uk/wp-content/uploads/2025/10/TPOE12-4-CPRs-Guidance-for-Estate-Agents.pdf 

In simple terms, if the estate agent knows, or should know, material information which might affect a buyer's decision to purchase, they must tell the buyer.

In fact, they must tell the buyer, even if the buyer doesn't ask.

That was exactly my point. But Emmia still seems to insist this is the buyer's issue, even though they didn't know the rules.

There are lots of people piling in on this thread as usual without reading through the whole thing.

Emmia

monkey-fingers said:

eddddy said:

Emmia said:

Property purchase is caveat emptor - buyer beware....

No - not since The Consumer Protection from Unfair Trading Regulations 2008, as far as an estate agent is concerned.


As the Property Ombudsman says:

It is effectively the case that ‘caveat emptor’ no longer applies. As agents you will be responsible for equipping individuals with all material information and ensuring that they have been properly advised...

Link: https://www.tpos.co.uk/wp-content/uploads/2025/10/TPOE12-4-CPRs-Guidance-for-Estate-Agents.pdf 

In simple terms, if the estate agent knows, or should know, material information which might affect a buyer's decision to purchase, they must tell the buyer.

In fact, they must tell the buyer, even if the buyer doesn't ask.

That was exactly my point. But Emmia still seems to insist this is the buyer's issue, even though they didn't know the rules.

There are lots of people piling in on this thread as usual without reading through the whole thing.

The agent may have pointed the lack of a dropped kerb out to the buyer at a viewing, but perhaps the buyer didn't take it in. The buyer could also have noticed the lack of a dropped kerb and asked about it... But didn't for whatever reason.

The question really is was the presence of a driveway material to the purchase - if the OP only parks on the road then perhaps it was not. This question has really only arisen because they want an EV charger that needs a driveway.

sheramber

This question has really only arisen because they want an EV charger that needs a driveway. 

Which was my point.

The dropped kerb was not important to the OP when he bought the property and he has been quite happy without one up to now.