• Planning Conditions

    By Guest on 08th Sep 2016

    I am selling a flat in a purpose built building. Planning permission was granted in 2004 and the building was finished early 2006 with building regs certificate issued March 2006 . The purchaser's solicitor is asking for confirmation from the council that planning conditions were adhered to or an indemnity taken out. My solicitor has responded as follows "Our client confirms that as far as she is able the conditions have been complied with but we cannot provide anything further, nor is it the case that we should. We shall not be providing an indemnity". Should my solicitor be endeavouring to obtain confirmation from the council that conditions were adhered to or provide an indemnity? This dispute is preventing the sale going ahead.

  • 1 Answers

    By Guest on 05/10/2016

    On the face of it the buyers are being pedantic. The council don't always check whether every planning condition has been complied with and so cannot always issue confirmation. It is likely that had there been a breach the council would have taken action by now in which case this would be revealed by the buyer's search. Nonetheless sometimes it is better to "take it on the chin" and pay for an unnecessary policy to get the sale completed. Ultimately it is up to you as it's your money

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