Property law

[BWard68]

House built in 2009 and unfortunately due to divorce have to sell. It was then discovered that house does not meet planning permission rules. Are the builder and engineer liable

 

[mathepac]

Your surveyor and solicitor are supposed to check details like these prior to sale unless it was a one-off "self-build" scenario.

 

[BWard68]

Thanks. This was a single build on a purchased site. Problem only came to light when placed on market.

 

[mf1]

I have a difficulty with the idea that its only now this issue has come to light.

Its pretty basic stuff - you apply for, and get, Planning Permission. Then you build in accordance with the Planning Permission and with Building Regulations.

If this was a self build, you'd have been hands on throughout the process.

If it was a more hands off approach, you'd still have been watching the building and been engaging with the process.

Until you can be a little more giving with the facts, no-one can tell you if the builder and engineer are liable although I'd hazard a guess that they're not.

I'm also pretty sure that you now know to what extent the house is unsaleable and whether an application for retention permission is called for.

mf

 

[BWard68]

Again thanks for the response. It was a hands off approach and I was totally trusting with builder and engineer. Engineer signed off on building planning permission to release mortgage funds. It was only when house was put on the market that planning issues came to light. Retention planning has been applied for at considerable expense. No outcome on retention planning yet