Buying/bidding on a house Subject to planning permission

evolving_doors

I'm considering buying a house with a view to extending the tiny kitchen.
Neighbours have done same so shouldn't be a problem with precedence or objections. Although can never be 100% certain I suppose.



Q1. Is the usual procedure to ring the Esatate agent and "purchase the property subject to the granting of planning permission"?

Q2. Main Question.....If the offer was to be accepted ...

would it be the Seller that would go away and do the PP application
-or-

would it be myself that would have to do it.

Q3. If the Seller accepts the offer (i.e. sub to FPP) what's to stop them from puling out of the deal after the PP has been granted? esp. considering that I might have done all the PP groundwork (if the latter in Q2 was the case!!!)
In theory couldn't you put your house on the market and get a prospective buyer to do all the PP work then pull out at the last minute with a handy PP proprosal in your back pocket. (big assumption that a potential buyer would like to extend of course)

Thanks

Any other experiences/info/considerations from anyone would be greatfully apprecited and i'll stay posted here with any updates I have.

Victor

Q1 - Thats what solicitors are for!

Q2 - Its is for the prospective owner to apply for planning permission. You would need a letter of consent from the present owner.

You should get an professional opinion on how difficult planning permission might be, you might not even need planning permission for a small rear extension.

Q3 - thats what contracts an copyright are for.

Ste.phen

Surely your solicitor will insist on the seller getting the permissions, if they want the money for the house they'll have to.
An unauthorised development will be (or at least should be) hard to shift, and damn near uninsurable


[edit] apologies, i misread the situation: in your case, it's on you to get PP for something you want to change after you buy the house [/edit]

astrofool

First find out whether planning permission is needed at all, extensions out the back are usually exampt.

PP can take a long time to come through, and any vendor will be unlikely to take a property off the market for that length of time while they wait.

evolving_doors

Ok thanks, that kind of answers Q's 2 & 3. (Although I am wondering what Victor meant by Copyright? . Also why would I need a letter of consent from the owner? Thanks Victor but this is a new process for me so would like to be informed as much as possible)

As regards Q1. I haven't even made an offer yet so solicitor hasn't been involved yet.
This is what I was wondering as regards the sequence of events from making that initial offer to the handing over of the keys...
1. I say that "I'd like to place on offer of X on the property subject to the granting of planning permission" -then-
2. if the Seller is interested
-get the solicitor to draw up a a contract and -then-
3. give the seller the details of what size extension I'd require
4. Then Seller lodges the application for PP...

Would that be the usual sequence of events?

Victor

Armelodie wrote: »

Although I am wondering what Victor meant by Copyright? .

Your architect will have copyright on the design submitted. That means someone else can't use that design.

Also why would I need a letter of consent from the owner?

Because under the Planning Acts only people with a interest in a property can apply for planning permission, unless they have the owner's permission.

As regards Q1. I haven't even made an offer yet so solicitor hasn't been involved yet.

In this case, do get a solicitor on board early to get advice. Telling the seller you want to extend will have the seller thinking you have more money to spend and they will then hold out for more money. Use the solicitor's experience in handling things like this.

This is what I was wondering as regards the sequence of events from making that initial offer to the handing over of the keys...
1. I say that "I'd like to place on offer of X on the property subject to the granting of planning permission" -then-
2. if the Seller is interested
-get the solicitor to draw up a a contract and -then-
3. give the seller the details of what size extension I'd require
4. Then Seller lodges the application for PP...

Would that be the usual sequence of events?

No.

The usual case is someone buying a site which the vendor is advertising as being capable of development and will say something like "suitable for ....... house, subject to planning permission". Alternatively it is a person looking to buy a less desireable property saying htey are bidding subject to planning permission. Of course the planning permission needs to be an acceptable one. The buyer pays a deposit (which will be suject to more conditions than one in a straightforward purchase), hires someone to apply for planning permission and if the PP is satisfactory, then buys the property.

It is usual for the seller's solicitor to come up with the contract, although the buyer's solicitor will have an input.

Having the seller apply for PP can lead to a nightmare of complications. What if they include the wrong size or wrong finish?

evolving_doors

Thanks a million victor, that's some good info there.

beeno67

Are you sure you need planning permission if it is just to extend kitchen. As long as property has not been etended before (solicitor should be a
ble to tell you this) then you can extend out the back of house (note not to side) up to 40m2 or about 440 sqft without needing planning permission

snellers

Unless the seller is DESPERATE to sell (and IMO stupid) you have no chance of getting them to apply for PP in the hope you will then buy the property.

If it's anything like purchasing land subject to PP if you get permission from the owners to request PP yourself then I guess it's possible. (you would incur design fees, planning app fees...etc) - not sure why you think the owners would pay the fees and assume responsibility for this

as posted somewhere above there are extensions allowed upto a certain dimension that do not require PP - once again worth speaking to a professional and ensure that the owners haven;t got any extensions already in place.

best of luck

evolving_doors

Ok thanks guys my questions have been answered,

now i've got to consider how much an extension really costs...but thats for another forum I guess...