Buying a house with no dropped kerb.

NurseNelly · 20 October 2019 at 8:15PM

Hi all,

Just had a homebuyers report done on a property I’m buying, which came back with very few issues, however something I hadn’t noticed (or even been aware was an issue) was that although it has a block paved driveway, there is no dropped kerb. I just went to drive past the property and the pavement is really low, the owner is parked on his driveway, but it’s definitely not a dropped kerb.

I have browsed the other threads that have been posted about the same topic, and have learned a lot from those. There was just a couple of things I was still wondering about.

Does anyone know if I can apply for permission, or find o the chances of it being approved, before the house is legally mine?

I live in North Tyneside and I’ve read their online pdf and as far as I can see (I don’t understand all of the terms used) the criteria seems to be ok. We’re not near a corner, there is plus 5 metres from the road to the garage wall, and it doesn’t seem to be a street that struggles with in street parking needs at all. There is a dropped kerb fairly close to where mine would need to be, but I’m not sure if this would matter as it doesn’t mention that on the council criteria.

I’m just concerned if there is a reason why the owner hasn’t done this. Maybe they just weren’t bothered financially. The owner is in the building trade and has done a lot of work on the house himself, including the block paved driveway, so maybe didn’t want to spend extra on approval/getting contractors to do things. I’m just worried that he has applied and been denied. Would they have to disclose that if I asked?

I’m not really that bothered about not being able to use the drive as I don’t have a car at the moment, but I don’t want this to be an issue if I can’t get it done and then come to sell the house and it be an issue for buyers. Trying to be sensible here!

Thanks

HampshireH · 20 October 2019 at 8:19PM

May be worth asking the EA to find out why the kerb isn't dropped and have they had issues before going anywhere near the council.

If its advertised as benefitting from having a driveway/off road parking its incorrect and no more than a paved garden.

jimbog · 20 October 2019 at 8:48PM

I wouldn't ask the EA as they will tell you what you want to hear. Speak directly with the owner with 'what issues with not getting a dropped kerb?' and gauge the response.

Perhaps take a photo and speak with the council yourself too

robatwork · 20 October 2019 at 9:16PM

Check the parking during day and evening/weekend.

Chances are everyone who parks there is familiar with the drive being used and wouldn't park in front if it's a quiet residential area.

I'd personally budget to get the kerb dropped asap and if lots of your neighbours have dropped kerbs it's highly unlikely to be an issue getting permission, but as the council will do the work it will probably cost £1000-2000

NurseNelly · 20 October 2019 at 9:42PM

Hi, thanks for the replies.

I wasn’t sure whether it was best to get my solicitor to ask the EA or vendor about prior applications or to just ask myself. I will definitely be chasing it up though.

Interestingly I read some stuff on the TPOS property ombudsman website about cases where the property had been advertised with off street parking without a dropped kerb, and the EA being forced to pay 25% of the cost of the dropped kerb! Interesting because I’ve seen discussions on older threads saying that the EA disclaimers meant they had zero responsibility in this, due to not having the expertise, but the TPO disagreed and said they are professionals in house sales and would be expected to know this in the same way they know not to advertise a loft room without building regs, as an additional bedroom. I only mention this as a point of interest as it doesn’t apply to me as my surveyor has picked it up and I’m happy to pay for it to have it done myself, I just don’t want it to become an issue when I come to sell in the future if I find I’m now allowed to do it, and the massive secure driveway suddenly isn’t a selling point.

The road itself I’ve visited at all times of the day/evening and it’s very quiet traffic/parking wise. One side of the street all have large off street parking areas and the opposite side is bungalows for the elderly. It’s not a road that leads to anywhere so no traffic passing through.

I have heard our local council charges £1200-£1500 but allows you to use approved contractors if you pay a £50 for the work to be approved by them afterwards. I’ll definitely budget for that to be done in the next year or so, so long as I know it will be accepted.

Thanks again.

hazyjo · 20 October 2019 at 9:48PM

A neighbour had a similar thing in my old street. Most people respected it until the council decided to paint parking spaces/strips on the street/pavement so people knew where to park. Nobody ever left that space free ever again!

If parking was just a lucky bonus, try and get money off if it was advertised with parking. If you wanted it for the future and only considered properties with parking, I'd walk.

Good luck.

AnotherJoe · 20 October 2019 at 9:52PM

Ask the owner to apply for permission and go slow on the purchase until it's granted.
You can debate / negotiate who pays the cost , should it be granted, in the meantime

zagubov · 20 October 2019 at 10:01PM

You can't assume the council will let you drop the kerb, even if your neighbours have had it done.

The rules keep getting stricter. I'd be very wary; if you want a place with off-road parking, this may not be it.

eddddy · 20 October 2019 at 10:39PM

In the first instance, it probably makes sense to ask the seller (perhaps via the EA) - because you should get quicker answers that way.

Hopefully, you will get a 'truthful' answer, but if you want to rely on the answer contractually, you'll need to pass on the info to your solicitor.

If you intend asking the council about it, out of politeness, I would tell the seller first. Some councils get quite aggressive about 'illegal' driving over pavements to get to parking spaces - and do things like put bollards up to block the parking space.

NurseNelly · 21 October 2019 at 12:17AM

eddddy wrote: »

If you intend asking the council about it, out of politeness, I would tell the seller first. Some councils get quite aggressive about 'illegal' driving over pavements to get to parking spaces - and do things like put bollards up to block the parking space.

That’s a good point actually. I’ll mention it to the EA to see if they can ask, and mention that the council might pop round to have a look.

NurseNelly · 21 October 2019 at 12:22AM

AnotherJoe wrote: »

Ask the owner to apply for permission and go slow on the purchase until it's granted.
You can debate / negotiate who pays the cost , should it be granted, in the meantime

That’s where the trying to be sensible comes in! I’m absolutely desperate to move as my housing situation at the moment is dire. It is what it is though and I know that this is probably the most sensible suggestion in the long run, and I’ve waited this long... it’s frustrating though as I’m not in need of the parking, just don’t want to end up with difficulties in the future when I want to move on. And if it’s giving me pause, then it will definitely do the same for someone who does actually need/want the parking. Thanks for the advice.

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Buying a house with no dropped kerb.

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