HELPED I've been duped (planning permission)

slipp_digby

pickles_pink wrote: »

He didn't see the certificate,

I asked him what he'd done and his reply was, " I checked with the builders solicitor to ensure all planning consents had been adhered to -They said that they had, I'm so very sorry,"

This looks to have happened across the board.

Firstly, I am sorry to read about the problems you are having.

Your solicitor has acted in an extremely negligent manner. It is through their failure to discharge their professional duties (which you paid for) that you are in this mess.

It sounds like the builders knew all along they would apply retrospectively for planning permission, but decided to sell the flat first and worry later. To do this they would have needed not only to lie themselves but also to use either an incompetent or dodgy solicitor acting for the seller(s).

Did you appoint your own solicitor or were they recommended by the developer?

pickles_pink

no there were 12 different solicitors, but the builders solicitor advised them that the planning perm's had been adhered to. (That's what happened with mine and as I have mentioned the builders solictors are held in high regard in our area)

3m too big relates to the frontage of the property being 3m too far out (allowing 3m more room inside, apparently!)

It's all such a mess and I profess I do feel significantly out of my depth!

slipp_digby

pickles_pink wrote: »

no there were 12 different solicitors, but the builders solicitor advised them that the planning perm's had been adhered to. (That's what happened with mine and as I have mentioned the builders solictors are held in high regard in our area)

3m too big relates to the frontage of the property being 3m too far out (allowing 3m more room inside, apparently!)

It's all such a mess and I profess I do feel significantly out of my depth!

So basically your solicitor accepted this from the builders solicotor without written confirmation from the council that the planning conditons imposed on the development had been discharged?

Get yourself some professional legal advice on this as a matter of priority.

Forget how big the solicitors are, an individual has made a very grave and basic mistake and as others have pointed out, they have professional indemnity insurance for when this happens.

Edited: IMO you should focus on your solicitors (as shoudl the other buyers) as they do appear to be at fault for not checking and accepting the building solicitors word the planning conditiosn were met. with any luck, all 12 solicitors will then counter claim against the builders solicitor.

PROFESSIONAL_LANDLORD

pickles_pink wrote: »

no there were 12 different solicitors, but the builders solicitor advised them that the planning perm's had been adhered to. (That's what happened with mine and as I have mentioned the builders solictors are held in high regard in our area)

3m too big relates to the frontage of the property being 3m too far out (allowing 3m more room inside, apparently!)

It's all such a mess and I profess I do feel significantly out of my depth!

It's possible the builder has built 3m forward of the designated 'building line' possibly the site wasen't the size that was stated in the original drawings, (quite common) planners are unlikely to measure a site, although the engineer who set out the foundations should have spotted it, and what about the architect, it would be interesting to have a look at the site plans.

pickles_pink

I chose my own solicitor. A small co - 2 partners right on my doorstrep.


""Cutton
btw - i assume this "3m too big" is too high (to accommodate the roof flat ?)""

What a mess

No its too wide to the front elevation (3m too big inside)

silvercar

pickles_pink wrote: »

i'm out of my depth aren't I!!!!!!!!!!!

That is why we employ solicitors.

They are the professionally qualified experts in their field, we aren't.

HugoSP

I would concurr that you have a neglegence case against your solicitor.

IMO you need a solicitor that deals with professional neglegence - your buildings or homes insurer may cover you here, or your cc company may.

If the buildings insurance is covered under a block policy managed by a freeholder or management company then it's possible that all the owners could be covered.

pickles_pink

I tried this but the management co said the builder owns the bank account for the site and so we can' sue him with his own money or polcy.

clutton_2

pink-p i dont understand your last post - can you explain a bit more ?

slipp_digby

pickles_pink wrote: »

I tried this but the management co said the builder owns the bank account for the site and so we can' sue him with his own money or polcy.

Sorry to labour this point, but IMO you are going to have to take legal action against your conveyancing solicitor for negligence.

How can you take action against the builder?

It was a professional acting for you, paid for by you who made the error and they need to be held accountable. If they had carried out their duties correctly you would not be in this situtation, this is the root cause of your problems.

If they chose to counter claim against someone else as a result of this i.e. the builder and/or their solicitors, that is their perogative but you need to focus on those you have a direct relationship with.

Check if your conveyancing solicitor is a member of a professional body as well.