Planning condition on Property for sale

MrMeanor3

Seeking advice... My wife has found a property for sale that she likes very much. It's bank owned and being auctioned. I'd be a cash buyer, we've read the legal pack and visited - the only issue we can find is a planning condition that was imposed back in 2005 when the planning was granted.

It says "Dwelling shall be for use of the applicant and their heirs/assigns or a person willing to consent to occupy the dwelling as their permanent residence and/or shall not be used as a 2nd/holiday home. REASON: To cater for orderly development"

My view is this is pretty clear cut, but to give the other view: given we've had a banking crash, hundreds of homes on the market etc. and in fact this home itself is being auctioned because presumably it couldn't be otherwise sold - one might think there is either an "expiry date" of such a condition, or at least a straightforward path to sorting it out?

If it didn't tick all the boxes for us in terms of location, size, maintenance and price I'd be giving it a hard pass - but I owe it to her to ask here (also asking the lawyer, but he's so far been kind of circumspect).

woohoo!!!

Apply to the Council to remove that condition and only purchase if successful is one option.

Gumbo

MrMeanor3 wrote: »

Seeking advice... My wife has found a property for sale that she likes very much. It's bank owned and being auctioned. I'd be a cash buyer, we've read the legal pack and visited - the only issue we can find is a planning condition that was imposed back in 2005 when the planning was granted.

It says "Dwelling shall be for use of the applicant and their heirs/assigns or a person willing to consent to occupy the dwelling as their permanent residence and/or shall not be used as a 2nd/holiday home. REASON: To cater for orderly development"

My view is this is pretty clear cut, but to give the other view: given we've had a banking crash, hundreds of homes on the market etc. and in fact this home itself is being auctioned because presumably it couldn't be otherwise sold - one might think there is either an "expiry date" of such a condition, or at least a straightforward path to sorting it out?

If it didn't tick all the boxes for us in terms of location, size, maintenance and price I'd be giving it a hard pass - but I owe it to her to ask here (also asking the lawyer, but he's so far been kind of circumspect).

Time is irrelevant, the Condition is still legal and enforceable.
As above, best bet is to apply for planning to remove.

Are you looking to buy it as your Primary residence?
The auction may mean it was taken back by the bank, doesn't mean it cant be sold or prove it couldn't be sold. Most bank repossessions go to auction.

sydthebeat

MrMeanor3 wrote: »

Seeking advice... My wife has found a property for sale that she likes very much. It's bank owned and being auctioned. I'd be a cash buyer, we've read the legal pack and visited - the only issue we can find is a planning condition that was imposed back in 2005 when the planning was granted.

It says "Dwelling shall be for use of the applicant and their heirs/assigns or a person willing to consent to occupy the dwelling as their permanent residence and/or shall not be used as a 2nd/holiday home. REASON: To cater for orderly development"

My view is this is pretty clear cut, but to give the other view: given we've had a banking crash, hundreds of homes on the market etc. and in fact this home itself is being auctioned because presumably it couldn't be otherwise sold - one might think there is either an "expiry date" of such a condition, or at least a straightforward path to sorting it out?

If it didn't tick all the boxes for us in terms of location, size, maintenance and price I'd be giving it a hard pass - but I owe it to her to ask here (also asking the lawyer, but he's so far been kind of circumspect).

seems pretty clear cut to me....

once you use it as a permanent residence and not as a 2nd / holiday home..... and dont let it as a holiday home, you are in compliance with that condition.

Gumbo

sydthebeat wrote: »

seems pretty clear cut to me....

once you use it as a permanent residence and not as a 2nd / holiday home..... and dont let it as a holiday home, you are in compliance with that condition.

I didn't even notice this condition.
Once the OP lives there, then there should be no problem.

or a person willing to consent to occupy the dwelling as their permanent residence

notharrypotter

I wonder if the reason the OP is asking here is due to the fact that it will not be their primary residence?
The mention in their OP that their own solicitor seems wary.

sydthebeat

notharrypotter wrote: »

The mention in their OP that their own solicitor seems wary.

solicitors are wary of their own shadows these days....


actually ill re-phrase that and say "solicitors are wary of what they dont understand these days... which is pretty much everything"

woohoo!!!

sydthebeat wrote: »

notharrypotter wrote: »

The mention in their OP that their own solicitor seems wary.

solicitors are wary of their own shadows these days....


actually ill re-phrase that and say "solicitors are wary of what they dont understand these days... which is pretty much everything"

Makes a change from a few years back. I'll say no more.