Looking for some house advice....... - HotUKDeals
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Looking for some house advice.......

andymack Avatar
7y, 4m agoPosted 7 years, 4 months ago
OK so here's the deal. I recently bought a semi-detached house and after about two weeks my neighbours have started to build a massive extension and i mean massive in that they are basically doubling the size of their house!
Now i phoned up the planning office and they were able to send me out the plans and had told me that they had been passed nearly a year ago.
What I want to know is that should I not have been told that they had planning permission for this? Did the vendor have a legal obligation to tell me or should my solicitor have turned it up when she was doing the property searches?
My neighbours are really nice people but the extension is very big, lowers the light to my dinning room window and one of the walls goes half way down my garden.......in light of this my house i imagine isnt worth what i paid for it as this monstorsity beside it dwarfs it! and i would have lowered the offer if i had known this was going to happen because im also off work at the moment studying for my exams and it doesnt make anything easier!
So any solicitors want to shed some light on it - my solicitor said that she would look into it but is now basically ignoring my emails which leads me to believe she hasnt done her searches properly!
Any help much appreciated
Thanks xx
andymack Avatar
7y, 4m agoPosted 7 years, 4 months ago
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#1
Your solicitor should have found it when he performed the property search (my wife used to work for one and spent most of her time doing them).
If the work was passed a years ago it should have come up. . .
#2
As above, but I wouldn't hold my breath waiting to get any satisfaction against a solicitor.
#3
so does that mean the solicitor has been negligent and thats why she is not replying to me?
#4
Your solicitor definitely responsible for this, question really is who do you report the negligence to? Probably should have been in the hips pack too
#5
andymack
so does that mean the solicitor has been negligent and thats why she is not replying to me?



You'll have a heck of a job trying to find one solicitor to take action against another, they'll close ranks faster then the speed of light.
banned#6
yes your solicitor should have picked this up in the search, check the dates of the planning etc and get back to your solicitor although nowt you can do to stop it
#7
I just had a quick look at the law society for England and Wales website. Says there is an independant complaints body.I would definitely get all my facts together with dates etc and contact them with a view to compensation.
Sounds like your solicitor is ignoring you hoping you will go away:whistling:
#8
tregs
You could contact the Legal Services Ombudsman here . You can make an online complaint application


Isn't that to complain if the Law Society fails to do their job, rather than for individual solicitors?
[helper]#9
MAIA
Isn't that to complain if the Law Society fails to do their job, rather than for individual solicitors?


Yes, you may be right. Try http://www.sra.org.uk/consumers/consumers.page instead
#10
Hope you sort something out OP, please will you keep us updated?
#11
Try to look on the bright side, anything your neighbour has done you can do the same maybe even more?
If you get a architect to draw you plans and get building permission total cost just over £1000.00
Then put our house on the market with planning its worth more because of the potential it has to be a better home.
Hope this helps.
#12
steve1221
Your solicitor should have found it when he performed the property search (my wife used to work for one and spent most of her time doing them).
If the work was passed a years ago it should have come up. . .


+1

The issue with a lot of solicitors these days, is that they're using the Freedom of Information Act to get property enquiries on the cheap, meaning the info is out of date frequently.

Sounds like they just haven't done their job here, however.

You need to take this up with your overpaid lawyer now.
#13
Can you speak to the Citizens Advice Bureau about this? Might be worth a try.

I think it's rotten that the vendors also didn't tell you - sneaky sneaky - they must have known that the extension was going to happen.

Definately the solicitor should have found this - so basic a search - you can even find info about planning permissions applied for on the internet these days (well you can with our council)
#14
Butterflies
you can even find info about planning permissions applied for on the internet these days (well you can with our council)


Yeah, with any Council - emailing them and quoting the FOIA.
#15
moob
Yeah, with any Council - emailing them and quoting the FOIA.


Well I phoned my council and they told me on my bike - it was ridiculous! They wouldn't let me have the plans for my own home! Some jobsworth didn't know his a$$ from his elbow.
[mod]#16
The pending/approved application would have been contained in a Local Authority Search (LLC1). This would have been in the HIP pack as long as the property was marketed AFTER the legislation was brought in.

Those who are saying that the solicitor was negligent really ought to hold back and stop jumping to conclusions. You do not have access to their file. How do you know it wasnt the council which was negligent and omitted this information from the search result?!

OP - your solicitor should have sent you a property report at the time that they sent the contracts to you (along with the TR1 form). Have a look for an LLC1 form. It may also be called "Enquiries of the Local Authority". See whether you can see anything from that.

Failing that, write a polite yet formal letter to your solicitors. Mark it for the attention of "Senior Partner". These type of letters usually get dealt with as soon as possible to save the solicitor the need to explain to the senior partner the trouble that was caused.

There will still be an active file and it could be stored off your solicitors site. Purchase files cannot be destroyed until 15 years after the date of completion.

If you need any further information feel free to PM me.
#17
I was going to buy a house.I rang planning the day after I saw it and lo and behold there were plans for the next door neighbour to build an extension. Not just any extension..it would come right up to the house so you lost your rear access, a balcony at the top and another driveway. I was going to look into building a driveway (the extension people already had one) so luckily I found this out.PLUS!They had 3 cars and a mobile home and were STILL parking outside 'our house'.So the moral of the story is although your paying your solicitor ALOT of money, check yourself.
#18
Butterflies
Well I phoned my council and they told me on my bike - it was ridiculous! They wouldn't let me have the plans for my own home! Some jobsworth didn't know his a$$ from his elbow.


You've got to submit the request in writing under the Freedom of Information Act - so either email or snail mail.

Surely you would have the plans for your own home through your architect?
#19
magicjay1986


Those who are saying that the solicitor was negligent really ought to hold back and stop jumping to conclusions. You do not have access to their file. How do you know it wasnt the council which was negligent and omitted this information from the search result?!



Cause no one likes lawyers mate - sorry! :p
#20
What a crock, you pay these money guzzling paper pushing nitwits to do the "Legal" work and these "searches" and then this happens, god damn joke. I feel for you, give them Solicitors hell IMO.
#21
moob;5822080
Yeah, with any Council - emailing them and quoting the FOIA.

you dont need to quote anything - if you are a neighbour and it affects you then you just have to ask - they will either send it out to you - or tell you to go to the office to look at it or get a copy from the office - they can also give you a reference to go online if they have this service
[mod]#22
Alfonse
What a crock, you pay these money guzzling paper pushing nitwits to do the "Legal" work and these "searches" and then this happens, god damn joke. I feel for you, give them Solicitors hell IMO.


Have you read anything I have written?! Until we find out that this solicitor has done something wrong we shouldnt really be labelling them.

Paper pushing nitwits? If only you knew how difficult it is to become a lawyer and to keep up with law as it evolves. Solicitors are paid well for a job done well.
[mod]#23
moob
Cause no one likes lawyers mate - sorry! :p


...I only act for people who need me and have to instruct a lawyer. I couldnt care less if people dont like me...I am pleasant to them until they pay my bill...:oops:
#24
They have PI insurance for a reason :)
#25
magicjay1986
Have you read anything I have written?! Until we find out that this solicitor has done something wrong we shouldnt really be labelling them.

Paper pushing nitwits? If only you knew how difficult it is to become a lawyer and to keep up with law as it evolves. Solicitors are paid well for a job done well.


evidently a job well done,

and infact the paralegals do the main bulk of the work, the solicitor will only be checking it briefly and signing it. My fairly large amount of time using solicitors its rare you actually get to talk to them let alone the amount of chasing they require to get things done.
[mod]#26
Alfonse
evidently a job well done,

and infact the paralegals do the main bulk of the work, the solicitor will only be checking it briefly and signing it. My fairly large amount of time using solicitors its rare you actually get to talk to them let alone the amount of chasing they require to get things done.


...the paralegals do a lot of the work as they usually go on to become lawyers and need to work at a certain level for experience and to gain their qualification. There is so much in a conveyancing transaction that paralegals cannot do (such as reporting good title to a lender etc).

All I am saying is people shouldnt jump to conclusions in this thread until the OP has made every possible enquiry.
#27
moob
You've got to submit the request in writing under the Freedom of Information Act - so either email or snail mail.

Surely you would have the plans for your own home through your architect?


No when we bought the house - there was an exisitng extension, but it was not included with the deeds etc... which is why I phoned / emailed the council.

So no plans.

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