retention planning permission-change of house direction

bluebell76

Hi
we are in the middle of buying a house for cash & have found out that the house was built slightly different to original granted planning application. They changed the orientation of the house by 90 degrees. Planning permission was granted in 2002 & the house was built in 2005. The seller is saying that we will have to apply for retention planning permission. (1) anyone know roughly how much this will cost as we are going to ask for reduction in house price, (2) can the council refuse the retention & if so do we have to knock the house down?

mad m

Wow. Something comes to mind that worries me, if the sellers want a sale why can’t they apply for retention first. Why put the onus on you. Also who signed off on house once it was complete?

Gumbo

bluebell76 wrote: »

Hi
we are in the middle of buying a house for cash & have found out that the house was built slightly different to original granted planning application. They changed the orientation of the house by 90 degrees. Planning permission was granted in 2002 & the house was built in 2005. The seller is saying that we will have to apply for retention planning permission. (1) anyone know roughly how much this will cost as we are going to ask for reduction in house price, (2) can the council refuse the retention & if so do we have to knock the house down?

Ignore the cost to lodge the retention. That’s a fixed price you can reduce off the asking price.

Your biggest worry is if the council refuse the retention or condition slight changes. Then you have mega costs.

Get the seller to regularise the planning and then proceed with the sale.

antix80

bluebell76 wrote: »

The seller is saying that we will have to apply for retention planning permission.

Where's your solicitor while all this is going on?

I'm guessing you haven't engaged one yet.. This can be a mistake. In your correspondence with the seller, always sign off written correspondence, including texts, with "subject to contract."

mickdw

It would be madness to take on that risk. Buy subject to retention being granted.

There may be an issue with obtaining planning and you would be buying a major headache.

Peregrinus

mad m wrote: »

Wow. Something comes to mind that worries me, if the sellers want a sale why can’t they apply for retention first.

This. There's gotta be a reason why they haven't already got retention permission. Make the sale conditional on the seller applying for and obtaining planning permission. If they won't accept this condition, walk away.

Your solicitor has already told you this, surely?

lawred2

Do not buy until seller has gotten retention themselves.

What if you did buy it and the council rejected retention?

bluebell76

Thanks for advise. Our solicitor is on holidays but will follow up.

Claw Hammer

If there is retention allowed there may be a planning contribution to be paid.

deandean

They can be extremely insistent on house orientation.
Typically the house has to be built parallel to the road, or the likes.

bluebell76

bluebell76 wrote: »

Thanks for advise. Our solicitor is on holidays but will follow up.

There's no way in hell your solicitor would advise you to take this on.

um7y1h83ge06nx

As others have said it should be the seller that applies for retention and the risk should be with them, not you. Don't let anyone strong-arm you into buying and applying for it yourself.