• Planning Permission

    By Guest on 11th Jan 2016

    I have recently bought a house where the seller stated on the SPIF that no modifications had been made to the property, in particular none that had a need for planning consent within the last 10 years.

    I had a homebuyers survey carried out

    The survey did not highlight that a pitched replacement roof, over an existing flat roof, had been poorly constructed so as to be dangerous and that it had not ben approved for PP by the local authority. I also discover that a wood burner added to the property also requiring PP has not been obtained. This was not noted by my solicitor or the surveyor.

    What are my options and can I obtain financial redress from the solicitor, seller or surveyor for not getting or pointing out PP on the 2 modifications?

  • 2 Answers

    By Guest on 13/01/2016


    I think the issue is lack of building regulations approval rather than lack of planning permission (certainly for the log burner which didn't need planning.permission). I couldn't comment on what liability your surveyor might have as I don't know the limitations of the homebuyers survey (it is not a full structural report) . If your seller knew about the works and didn't disclose them you might be able to sue for misrepresentation. As for your lawyer, it depends what information he was given. If he was told the work had been.done and didn't make enquiries to see if the consents were in place or report to you that they weren't then he might be negligent. You should speak to another solicitor to discuss your options.

  • By Guest on 14/01/2016

    Many thanks, I will seek advice from a second legal source. I was told that PP would have been required for the log burner so the fact that it wasn't does make life easier.

    Thank you again

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