We have almost completed selling house but neighbour has just applied for planning permission

[Bojangles321]

Looking for some help please

We have sold our house and are literally days away from getting a completion date. But we have now just received though the post a letter from the planning department saying that the neighbour has applied for planning permission for a side extension and hip to gable roof with dormer.

We live in a link semi detached where our house is connected to the neighbour by garage. We have an extension above our garage, which was built in the 70's and is on the border between the properties. Now the neighbour basically wants to do the same, but go into their loft as well. They have applied to join onto our existing extension, which I am not happy about as it would create a 'terracing' effect, so I will be objectiing on these grounds and asking for the plan to be amended to leave a gap. This is the only thing I have a problem with, not them actually extending etc.

When we sold the property we filled in a property information form, which asks about this type of thing. Obviously at the time there wasn't anything, but now there is this.

So what I'm wanting to know is peoples opinions whether this may put my buyers off now if they found out and should this all be declared to the solicitor now so close to completion?

PS We don't have any problems with our neighbours at all and get on really well!

 

[Mottie]

Well, I think you have to disclose it by law, don’t you? I suppose you could pretend not to have seen it and if the buyer complains, refer them back to the solicitor who did the search.

 

[mikeey84]

I'd speak to your solicitor. I think you would have to declare it

However, terracing a link detached house, certainly in my town, is unlikely to get planning permission

 

[plastic_peanut]

Speak to your conveyancer. The property form would be dated when you signed and returned it and of course the planning letter would be dated. At the time of completing the form you knew nothing about the proposals.

I assume you don’t engage much with the neighbours however?

 

[Harry Bloomfield]

If its sold, its sold - I would have thought it was now the new buyers problem, if the property form was completed honestly at the moment it was completed.

Did your neighbour not even bother consulting you, before applying for the PP? It doesn't seem a very neighbourly action, to seek PP without even hinting to you what they had in mind.

 

[Bojangles321]

The neighbour did mention their plans to me a while ago, but said it wasn't definite. Then said that that if they are doing it wouldn't be until 2021 at earliest. So it's not a total surprise to see a planning application, even though I did say I didn't want it joining if they ever did do it. They've probably just chanced putting plans in hoping we wouldn't object as we're selling.

We did put on the property information that the neighbours did mention about loft conversion but nothing was definite, which was honest and accurate at the time.

Annoying as we're so close to completion. I'm tempted just to tell the solicitors and just not object as it's nothing out of the ordinary and may cause more problems if I object. Hopefully the buyers won't mind. It wouldn't particularly put me off tbh, but everyone thinks differently.

It may get knocked back by planning without intervention anyway, but I don't want any come back from it further down the line if I've not declared it.

Of course if we don't object though and the sale falls through, then we'd have to live with it I suppose, which is the risk.

 

[^woody^]

I'm not sure you do have to disclose it. You must have made the disclosure previously and that applies to what you knew at that time you made the declaration, so check what you signed and what it says about future disclosure.

 

[mattylad]

Is there any indication on when you would need to respond by?
You could leave the letter for the new owners to deal with.

 

[EddieM]

Have you exchanged?

 

[Bojangles321]

Not actually exchanged yet. Solicitor says next week.

We have until end of July to make any comment on the application

 

[mattylad]

was the letter posted to you or the householder?
be a devil, reseal the letter...

 

[mikeey84]

One other thing, planning is in the public domain, So I would have thought it would be up to the buyers solicitor to notice this? But I'm not surr

 

[IT Minion]

The law at the moment says you need to be proactive about informing buyers about planning requests. I think you'll have to tell your solicitor, they can determine how or if you must pass the news on.

 

[conny]

I would notify your solicitor/conveyancer at the first opportunity. As said by others, you will have declared at a prior date that you knew of no PA's to the best of your knowledge at that time, so it would be up to him/her to decide the best course of action. If he decides not to make it known then it is him who will be accountable not you. Make sure you notify him by email, which is dated, so you have a written record of when you informed him. You will then have a clear conscience should problems arise afterwards.
It may be that at the end of the day PP may not be granted or allowed subject to certain amendments.

 

[HERTS P&D]

What would happen if you 'hadn't received' the letter? You can't tell what you don't know.

Post does go missing sometimes, the amount of customers who tell me the cheque was posted 2 weeks ago.

Andy