Q: I recently a thread about a query that my lawyer had copper from my lawyer asked for a copy of the original planning permission document to my property (or rather the block). I could not understand why this was the case, and most agree that it sounded strange.
However, now I just CCd to my lawyers closer examination my lawyer sellers (with regard to my purchase) and I find that They have asked for what sounds like exactly the same:
19. Please show either that the property was built by the seller of the 1994 Transfer or evidence of approval under Article 2 of Annex 4 thereof.
20. Please attach a copy of page 2 of planning permission dated February 26, 1992 and copies of all pages after page 1 of the approval of reserved matters dated July 15 1992
21. Please copy building regulation approval or alternative evidence of compliance with building regulation.
Has someone else whos bought or sold encounter questions like these questions to their lawyers? I am curious to understand if this practice is not new that last, but builds – 7 years in the case of my purchase and 13 years in the case of my purchase .?
Thanks!
Good to know it's all "normal" procedure. I just hope it doesn't inject too much of a delay into proceedings trying to get hold of the info! I know that on my sale my solicitor has said we may need to purchase them from the council!
19 seems to refer to some covenants requiring someone's approval. It isn't always clear from the paperwork who actually built the houses/flats so if the person who sold the land in 1994 and imposed the covenants didn't do the building then his consent would have been needed under the covenants.
20 is the common one of copies being supplied thta look incomplete. In a way it could be said for most practical purpsoes that the planning permission details are irrelevant now but there are two reasons for wanting them:
A. to check there aren't any nasty conditions that could affect your use of the property. This is possible although unlikely.
B. to have copies for when you sell. Part of the paperwork that will have to be supplied in a HIP are planning permissions.
21 really more or less the same as planning
With a new build it isn't usually necessary to ask about this kind of thing because the seller's solicitor supplies copies of everything under the sun in the original pack so as to pre-empt/avoid lots of questions from buyers' solicitors. Normally the copy planning and building reg consents will be supplied by a builder's solicitor but they frequently get lost later these days because mortgage lenders don't want them and either solicitors keep them in their files or send them to clients who don't realise their significance because they are only photocopies and not "Deeds" and so throw them away!
As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients