House Purchase..Planning Issues..Vendor won't apply for retention.

danb

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Ready to sign contracts but running in to issues with property planning permissions

The vendor has provided "an opinion on compliance with building and fire regulations" via their architects for the three planning permissions secured previously for property.
1) The original house approval from 1980
2) A store in 1998
3) A single story extension to main house in 2007

Our engineer flagged issue:-
-original house build at 90 degree to original plans.
-original garage in wrong place.
-no evidence that 2007 planning approval requirement for septic tank/percolation area upgrade has been done.

We have asked vendor to secure retention at address issues, they have declined this request.
Their architects claims as no enforcement took place at the time of 2007 planning approval that they expect no issue moving forward. Our solicitor advising us to pull out as planning issues compromise his ability to certificate title for bank/mortgage approval.

Any suggestions on a way resolve without securing retention and not assume risk with planning non-compliance?
 
It is always a good idea to listen to your solicitor. Plenty other houses around that do not have this problem.
 
Is it not the case that enforcement is debarred as statutory 7 year period has elapsed?
 
I'd agree with the above, walk away. They're unwilling either because they think some one will take the chance and purchase (most likely a cash buyer who doesn't have a mortgage provider to keep happy), or that they know of issues that will result in the failure of a retention request.

You'd be very unlikely to get permission for any further development without resolving the outstanding issues, and the same problems will arise when time comes for you to sell.
 
Is it not the case that enforcement is debarred as statutory 7 year period has elapsed?


+1 to all the above

This house, and the additions, have been built in flagrant disregard for the planning process. Only a cash purchaser can buy. A bank will not lend, at all, on this purchase unless all of the problems are fixed.

How can they be fixed? Only by retention permission which may have such onerous requirements that it becomes untenable.

So what? The Local Authority cannot force the works to be pulled down? Yes - but the works are not in compliance with the planning permissions granted so, technically they are unauthorised developments.

Interestingly, there is an almost automatic entitlement to compensation under planning legislation where premises have been destroyed by fire and for some reason planning permission to rebuild is refused. But this is only the case where the premises were authorised and built in compliance with planning permission.

mf
 
Whatever about the other (serious) planning issues, I would be concerned if their septic tank hasn't been inspected since the obligation to inspect came in. Goodness only knows what's going on where you can't see.
 
Walk away, it's going to take month's to get sorted even if the vendor wanted to do so himself. Only other option is if he is desperate for a quick sale and is open to a significant price reduction then you might have some leeway for negotiation but you'd be taking on a lot of risk
 
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