Help needed 're Planning minefield

[motorbiking]

Start with your council planning portal. You should be able to put your post code in and search for your flat. Depending on what came up, this is the basis of your complaint to the solicitor. I assume you paid your solicitor to conduct a search and it appears they didn't do that.

You then follow their complaints process and then escalate to the http://www.legalombudsman.org.uk/helping-the-public/

You don't need to instruct a CFA lawyer yet, unless your law firm wont help you.

 

[Supernick]

Thanks for all your advice guys. I did contact a "no win no fee sols" who were very keen on assisting. I have yet to provide specific details to them of sign any contract (they take 20%)

I will give my solicitor until this week to come back with some positive result of make an official complaint and proceed 're negligence

 

[^woody^]

and proceed 're negligence

And what is the negligence?

 

[Supernick]

Not identifying the property did not have planning permission ?? The address was not on land registry either. It appears to be their fault ?!?

 

[motorbiking]

Sorry, but this doesn't stack up. The primary job of your solicitor is to check the legal title documentation (e.g. the contract and Land Registry information) and conduct searches with various authorities and organisations to determine whether there are any risks: e.g. financial liabilities, boundary disputes, prospective building developments, or any other adverse matters which affect the property or land.

I'm assuming this is a lease? Do you even know if the seller had title to transfer?

 

[rules&rulers]

Sounds like an auction purchase,thou nothing wrong with buying at the auctions.

 

[Supernick]

Hi
Yes it was a lease. The shop and flat (before) conversion) are both on land registry.

It was an auction purchase yes. Starting to regret now as pretty griefy thus far

I just rightly or wrongly presumed when you employ a professional and they don't ascertain that the property doesn't exist may be help responsible ??

 

[rules&rulers]

For a start you need to get your property registered with land registry,floor plans will be required.
At the same time sort council tax via VOA (floor plan also req).
Utilities then.

Back off on the PP at the moment,

Maybe get your solicitor/conveyancer to do that work,at a discounted price. Last time i had the 2 above done by a solicitor it cost £520 London.

It's all possible,dont worry.

 

[^woody^]

Not identifying the property did not have planning permission ?? The address was not on land registry either

It won't need planning permission, and now you state that you have leased not purchased!

Be sure to post back with updates on the negligence claim.

 

[rules&rulers]

I will give my solicitor until this week to come back with some positive result of make an official complaint

Think about retracting the complaint comment.
Maybe get the solicitor to work with you to resolve land registry,council tax application these 2 need doing asap these need to be done first and are easily done,its possible to diy these but better left to someone who has done it before.
Really dont think you have any claim for negligence although no win/lose firms will have a different idea,problem being you actually purchased a leasehold property before taking legal advice.

Dont worry,it can all be corrected but has to be done in logical steps.
Where in the country are you ?.

 

[Supernick]

Hi

Im in London. I have been liaising with solicitor last couple of weeks since completion. I'm hoping it will all be rectified.

Of course if planning is ok and I can rent, sell and or actually live in the property I would be happy

Just to clarify I paid a deposit, then sought legal advice. Losing the deposit would be bad.....but then paying the solicitor to do the searches etc and then pay the balance to find no planning exists does make me think something had gone wrong !!

 

[rules&rulers]

Property is sold in auctions for at least one reason.knowing the reason is the key.

 

[freddiemercurystwin]

It won't need planning permission, and now you state that you have leased not purchased!

Be sure to post back with updates on the negligence claim.

I think they must have you on ignore woods.

 

[^woody^]

I think they must have you on ignore woods.

But they will miss out on such gems

 

[motorbiking]

I must admit, I have no clue as to where the OP is in the purchase process. Its one thing to buy a property via an estate agent listing, your solicitors to miss every aspect of their job, its another to bid and place a deposit on a flat lease and then find out that all is not what it seems. Of course if it was incorrectly listed at auction and the OP can prove to a court that the seller deliberately misled him then he could seek damages, but the ts and cs of the auction almost certainly have some protection for them.

an interesting article https://www.theguardian.com/money/2011/may/01/hidden-risks-buying-auction