• Responsibility For Ensuring Planning Permission Was Complied With

    By Guest on 03rd Sep 2023

    Is my new build conveyancing solicitor responsible for ensuring that planning permission requirements were met? And if later found to be that the solicitor missed a planning requirement leading to an enforcement notice being served on us a new owners - is that negligence?

  • 5 Answers

    By Guest on 03/09/2023

  • By Guest on 06/09/2023

    It's never wise to comment on these matters without access to the whole conveyancing file, however it is normal practice when acting on a new build for the conveyancer to obtain evidence that any pre-commencement and pre-occupation planning conditions have been complied with, and also to make sure there is an obligation on the builder in the contract to build the property in accordance with the planning permission. If you think your conveyancer has been negligent she should first raise a complaint, following the firm's internal complaint process. If you're not satisfied after that, you should seek advice from another solicitor, specialising in professional negligence.

  • By Guest on 06/09/2023

    Thank you. It certainly wasn"t in the contract and there were 2 planning breaches brought to our attention in a very stern formal letter by the council who say it is my responsibility to comply by appling for retro planning and subsequentky compling with any enforcement and costs...so I will look for a no win no fee solicitor to ask if we have a case.

  • By Guest on 06/09/2023

    I should add that we bought the new build as a completed property through a local estate agent as opposed to commissioning the new build. Does my conveyancer still have the responsibility of ensuring all planning conditions were met?

  • By Guest on 14/09/2023

    On the face of it yes, but as you suggest you should seek professional advice.

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