Lost Deeds & Planning

[Gordon Gekko]

A close family neighbour is dealing with a bit of a nightmare scenario.

She is buying a house. The vendor's bank has lost the deeds. It is a Land Registry case, so there is no confusion over the ownership of the property.

The issue is planning. The planning authorities do not have any planning records for the property, other than reference numbers indicating that certain planning permissions were granted. No works have been undertaken on the property for at least 25 years.

How can this be resolved and will my sister's lender allow the sale to go through?

As I understand it, retention is not relevant on the basis that at present it can be neither proved or disproved that the property is compliant.

An architect is willing to state that the property fits in with other properties nearby and is likely to have been compliant in the 70s/80s.

Many thanks.

 

[mathepac]

The vendor must supply (or recreate/reinstate) the missing documentation. What to buy a different house will less hassles attached?

 

[Gordon Gekko]

The vendor must supply (or recreate/reinstate) the missing documentation. What to buy a different house will less hassles attached?

There is no source for the missing documentation. They absolutely want this house.

 

[mf1]

There is no source for the missing documentation. They absolutely want this house.

The Title is fine if it is Land Registry - all that is needed is the folio and file plan.

I'd talk to an architect/ engineer on the planning. I think a retention application by the vendor is the way to go. Without that, I don't think the bank will lend.

mf

 

[Gordon Gekko]

The architect seems to be saying that retention isn't relevant. His view is that the property is almost certainly compliant. The vendor just can't prove it's compliant but equally nobody can prove that it isn't. He's willing to say as much in a letter.

 

[mf1]

The architect seems to be saying that retention isn't relevant. His view is that the property is almost certainly compliant. The vendor just can't prove it's compliant but equally nobody can prove that it isn't. He's willing to say as much in a letter.

Does the Architect understand the problems this poses for a solicitor who is acting for a borrower? We certify title ( which includes planning compliance back to 1964) to the bank. We could not certify title in this instance.

Inasmuch as the architect's view is "that the property is almost certainly compliant" - that will be a qualified certificate - I don't think the bank will lend on the basis that
"nobody can prove that it isn't compliant"

The purchaser should talk to a surveyor/architect/ engineer , acting on their behalf, in conjunction with their own solicitor.

mf

 

[Gordon Gekko]

The Title is fine if it is Land Registry - all that is needed is the folio and file plan.

I'd talk to an architect/ engineer on the planning. I think a retention application by the vendor is the way to go. Without that, I don't think the bank will lend.

mf

Just to close this off, the bank did lend so all's well that ends well.