Declaration on selling a property – integrity is paramount

Declaration on selling a property – integrity is paramount

8:57 AM, 16th April 2018, About 6 years ago 7

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Should I decide to sell one of my BTL’s I know that I am obliged to declare information that may affect the transaction; such as boundaries, disputes, even “significant occurrences” at the property such as murder or a suicide. Fortunately, none of these exist.

However, my question relates to building application, which may fail. I am considering applying to convert part of my frontage into a bona fide parking space, which is adjacent to some communal parking which is always oversubscribed, so this will make my tenant’s life easier.

I believe that this small area which is within the boundary of my property, may be considered by the LA as “amenity” because it breaks up the otherwise mundane landscape of pavements and parking. I suspect that this may inhibit any potential for successful application.

So, my question is, that should I fail in my application to convert, would I have to declare this failure as and when the property is subsequently sold?



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Neil Patterson

9:05 AM, 16th April 2018, About 6 years ago

Good question Sue.

I know you have to declare things like disputes or anything that could materially affect the purchaser.

However, I have not run across failed planning permission as a consideration before and would this need to be disclosed upfront. Obviously if it was a question you would need to answer it, but would it be considered nondisclosure if not mentioned before I am not sure.

jack hammer

12:40 PM, 16th April 2018, About 6 years ago

Hi Sue, wether pass or refusal it will show up on the planning searches.

Jenny Sinclair

12:52 PM, 16th April 2018, About 6 years ago

I think that the "standard" set of enquiries that any buyer's solicitor will raise will include ones regarding planning applications that have been made, whether or not they were successful. Any planning application is also a matter of public record and will be revealed by the buyer's searches, again whether it was passed or not (or withdrawn).

I would have thought that, as long as there is a reason for making the application, whether or not you get planning permission would not cause a problem on a subsequent sale. The property will otherwise (presumably) be being sold without that space in any event.
Good luck if you decide to go with planning application.

Sam Wong

14:18 PM, 16th April 2018, About 6 years ago

If u r concerned abt it, why not go for a pre app ? That will give u a good indication of success or failure. And it’s free.

Claire Smith

15:57 PM, 16th April 2018, About 6 years ago

You could also probably get the support of Highways first - arrange to go in and chat to them. This may help you to actually get the permission, especially as your neighbours are unlikely to object to anything which reduces the demand for the shared spaces.

Ian Narbeth

12:04 PM, 17th April 2018, About 6 years ago

Reply to the comment left by sam at 16/04/2018 - 14:18Pre-application advice from the planners is not necessarily free. Some local authorities charge several hundred pounds payable in advance.
The problem of alerting the Council is that they may take action to stop you. As the land is within the OP's ownership, I would do nothing and just continue to use it for parking with a view to getting a Certificate of lawfulness of existing use or development (CLEUD) in future. If the OP wants to test the waters she should first contact a local planning consultant to find out what the prospects of success are.

Sam Wong

5:38 AM, 18th April 2018, About 6 years ago

Reply to the comment left by Ian Narbeth at 17/04/2018 - 12:04
Pre app not foc ? Thought that’s what the facility is all abt.
Not suggesting u try anything like what my Pakistani friends do : simply go ahead n do what u want. Then go for retrospective planning or wait till it becomes established development or ignore it until somebody brings it up - on the basis that Councils do not have the resources to enforce much. They seem to b pretty successful so far. Plse don’t take as advice what I personally don’t have the courage to do - tho I hv bn sorely tempted on occasions !

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