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Leasehold land property - no consent from lessor to build

  • 18-03-2022 7:38pm
    #1
    Wadders
    Registered Users, Registered Users 2 Posts: 1 ✭


    Hi Folks


    Hoping someone has some good sound advice to give me. I am in the process of selling and buying. An issue has come up on the house I had an offer accepted on. The property is leasehold and it appears the vendor never sought consent to build the property from the lessor. It is an add-on house on side plot of existing house and the vendor currently lives in this add-on house I am buying. They used to own the original house but sold that and moved in to this house. Planning permission was received from local county council and that is in order, but no consent was sought from lessor to build the add on house.


    Im hearing that lessors can charge very punitive rates if I ever intended to buy out the freehold and seek retrospective consent for the build (999 year lease so this is not a pressing concern for me to buy it out). The concern is that the lessor never consented to house being built in first place and should I go to sell myself at any point it could cause me problems. There is a clause in contract that I am not to approach the lessor myself in advance of purchase to get a quote, but my solicitor has pushed back to the vendor for them to do this. No response yet. Im reluctant to sign contracts without knowing in advance how punitive those charges would be if I were to ever buy out freehold & retrospective consent.


    Can vendor just seek retrospective consent for build from lessor without buying out freehold? If they wont do this should I walk away?



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