Does conveyancing in buying process cover planning issues?

M

MelF

Registered User
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I have a couple of planning issues currently outstanding on a property I'm trying to sell, they're resolved as much as they can, be but I'm having a job trying to get the council to rubberstamp them and 'close the file' on the decisions, due mostly to the fact that the planner that was dealing with them has now left and no one else is taking responsibility.

I'm just wondering if these open issues will come up during conveyancing;i e is a given that solicitors search for any outstanding issues relating to the property? The reason I ask is that I inherited these problems from the previous owner and they didnt come up when I was buying, but as I've pursued them myself with the authorities, does it mean the issues are now open for all to see?

Many thanks
 
Hi Vanilla, one is retention on a garage extension which has been granted subject to conditions which I've complied with but I need the council to confirm that I have complied. The other is a retention refusal for an outbuilding which was there when I bought it and should be exempt due to the time it's been there and I have an architects opinion certifying this.

But as I said, the planner has since left and the files are still open even though I've supplied all the require information and I';m just wondering how a buyers solicitor would view all of this - will it problematic?

Many thanks
 
In relation to the extension for which you have received retention= you may need the letter from the council confirming compliance depending on the conditions. You will also need a cert of compliance with retention planning from your engineer/architect confirming among other things that the plans and drawings submitted for the retention planning application correctly show the building in question.
In relation to the other illegal structure it really depends on whether this structure adds significantly to the value of the overall premises. If not then I wouldn't think it would cause much of an issue.
 
I tried to get the illegal structure retained when preparing the house for putting on the market, although I knew it was probably a long shot. It's always been represented to buyers as outbuildings though, and not part of the floor area of the house itself so nothings changed other than that retention was refused.

Thanks for the info, I was mostly concerned that these outstanding issues would be a red flag to a buyers solicitor, even though I am trying to get them fully resolved and signed off by the council but it is incredibly difficult. So you feel it wouldn't be something that will send buyers running?
 
Your solicitor will no doubt make the position as regards planning clear in the contracts for sale and exhibit appropriate documents. If I were acting for the purchasers, based on what you have posted, I would simply get permission from my clients lender to put a qualification on the title as regards the outhouse and advise my clients of the legalities and the fact that it will forever crop up on a resale. I would not however advise them to be put off by this, it happens every now and then and is not the end of the world.
 

I take your point Vanilla, but I have experience of a few solicitors who are meticulous to the point of exasperation over the slightest detail when acting for clients - who will in general be led by their solicitor.

So to answer the original question - These outstanding issues may cause a problem depending completely on the solicitor for the buyer.

Keep plugging to get issues resolved IMYO
 
Vanilla said:
Think the problem is that retention for the outbuilding has been refused. So unless there's an expensive and lengthy appeal...
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One application has been refused and one is subject to conditions which the OP says he has complied with. It should be possible to get this file closed with retention granted.

With regard to the refused retention - if an appeal is not what the OP wants to do then so be it.

I hope that OP gets a buyer's solicitor who won't warn the buyer off because of the issue
 
badge55 said:
One application has been refused and one is subject to conditions which the OP says he has complied with. It should be possible to get this file closed with retention granted.
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I don't understand your reference to a file being closed. Why would this matter? A planning search will find this file at any time in the next few years. Retention has been granted and subject to the OP getting confirmation of the compliance with conditions and the relevant cert of compliance( which I already posted above) that is the end of it.

But OPs own solicitor can play a role in convincing purchasers solicitor of the merit of the title too even if they seem at first unconvinced.
 
You seemed to have remedied the problems as much as you can. All you need is a buyer willing to buy as it is.
 
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