PLANNING RETENTION

second74

Hi

sydthebeat

planning retention required, or planning retention approved?

if its required, then yes, it possible could hold up a sale if the prospective purchasers solicitor dont accept

second74

Thanks for that, that's disappointing. It was an estate with new build, where should this have been highlighted.? Land register searches or elsewhere?

sydthebeat

second74 wrote: »

Thanks for that, that's disappointing. It was an estate with new build, where should this have been highlighted.? Land register searches or elsewhere?

You didn't answer the question... So I'll continue by assuming you have a cert on file which states the front boundary requires planning permission.

And therein lies where it should have been highlighted...ie was highlighted.

second74

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Gumbo

second74 wrote: »

Hi, I don't know. All the solicitor said yesterday was " are you aware there is planning retention for front wall"

We were not aware, the solicitor checked the documents when we originally bought the property and there is nothing in there about it.

Just wondering how it came to light now and not when we originally bought the property

You need to ask a local person with experience in planning to talk to the solicitor and advise what’s required.

Do you require retention for the wall or was retention granted?
Someone needs to look at the planning file.

Where is the house based?

sydthebeat

second74 wrote: »

Hi, I don't know. All the solicitor said yesterday was " are you aware there is planning retention for front wall"

We were not aware, the solicitor checked the documents when we originally bought the property and there is nothing in there about it.

Just wondering how it came to light now and not when we originally bought the property

im going to make some surmising here but....

Things have tightened up a lot in regard to what certification solicitors accept during the conveyancing process. Something like a boundary wall not being planning compliant may not have been an issue to the solicitor when you originally purchased... and maybe now with a new sale happening they are making an issue of it... maybe because they know another solicitor acting for a purchaser wouldnt accept it in todays economy.

some questions you need to ask of your solicitor.
1. are you saying retention permission is required on the boundary in order for a sale to happen?
2. what was the date of the certification that notifies of the issue.. was this date prior to your purchase of the dwelling?
3. who do they recommend to have a look at the boundary and prepare a planning application if deemed necessary

looksee

I was recently tidying up legal stuff in relation to our house in anticipation of selling. The house is about 40/50 years old and has had several previous owners. We have had it for 30 years. There was a lot of stuff that needed planning permission retention and we had an architect do drawings and survey it and apply for retention, which came through yesterday.

It looks as though regulations are being tightened so that planning has to be sorted for everything that got through the net previously - mostly it is just routine. You will also be required to show that water and house charges are paid up, and land registry glitches are sorted - again we have two issues here that the solicitor is unravelling for us, one of them went back to when the house was built.

Metric Tensor

OP - it's impossible to tell what the issue is from what you have described. People here can surmise or guess based on their experience but they don't know because you don't know.

You need to employ a local planning consultant and have them engage with the solicitor directly. Also get the solicitor to put the issue in writing with reference to (and a copy of) the document where the issue arises.