Page 38 - December 2023
P. 38

PROPERTY ADVICE

       Neighbour issues                     If the property you love has some Category
       Problems with neighbours can hamper a sale,   Three repairs, you should talk to your
       and your seller is legally obliged to notify you   solicitor estate agent in the first instance. It’s
       of any official disputes they have had. If you   recommended  that  you  seek  professional
       purchase a property where the seller has been   advice from relevant tradespeople and
       dishonest about this, you may be able to take   ascertain expected costs for the works
       legal action against them.           prior to committing to the purchase, so that
                                            you can decide if the required works are
                                            affordable for you.
       Neighbour disputes can be anything from
       barking dogs, loud music or late-night parties,
       to disputes over fence heights, boundaries   Flooding, subsidence and other external
       and borders, and party walls, so it’s important   factors
       to get as much information about this as you   Serious issues such as problems with
       can prior to proceeding with the property   subsidence,  the  building’s  fire  history,  and
       purchase. If a dispute has been recorded, you   whether it has ever flooded must be declared
       should make a decision as to whether you   when the property is being listed for sale. Issues
       feel that this is something you can live with   such  as  the  presence  of  Japanese  knotweed
       or resolve before continuing with the process.  must also be disclosed, as this is invasive and
                                            usually very expensive to resolve. With this
       Category Three repairs               information, again you can decide whether you   Building works
       The Home Report notes the condition of   are happy to take on the risks involved with   If the property you love has undergone
       all aspects of the property, and while many   owning a property where any of these factors   building work in the past, but it hasn’t been
       buyers are content to purchase where there’s   have been a prior or current issue.   approved by the planning department, or it
       a  handful  of  Category  Two  classifications                                       doesn’t have appropriate certification, this may
       (depending  on  what  they  apply  to),  fewer                                       cause issues with the sale and your chances of
       buyers are happy to proceed when Category                                            getting a mortgage.                   Other issues that fall under building works, is
       Three repairs are noted. Category Three                                                                                    the knowledge of any substantial renovations
       repairs are the most serious and usually require                                     Retrospective planning permission may   or developments in the property’s vicinity,
       immediate attention, or risk causing long-term                                       be granted, but if works don’t meet safety   which must be declared by the current owner
       damage to the property or safety issues.                                             regulations, there could be serious implications   and  will  usually  be  flagged  as  part  of  the
                                                                                            – and if you choose to proceed with the   pre-sale discovery process. These works are
                                                                                            purchase, you will become liable.     usually relatively short-term, but only you can
                                                                                                                                  decide if you are happy to live with the noise,
                                                                                            You could ask the seller to apply for   disruption and traffic that large-scale building
                                                                                            retrospective  planning  permission  as  a   works can bring.
                                                                                            condition of sale, however you should be
                                                                                            aware that this could add months to the   In summary, if you fall in love with a property
                                                                                            conveyancing process. You may also be able   and find out that there are potentially major
                                                                                            to  negotiate  on price,  to  counter  the  costs   issues to reckon with, only you can decide if
                                                                                            involved in applying for planning permission   you love it enough to pursue it. Your solicitor
                                                                                            yourself. An alternative option is to apply for   estate agent will be on hand to guide you in
                                                                                            indemnity insurance to protect yourself if the   your decision-making process, so it’s important
                                                                                            local authority takes action against the works   to find one that you trust – search espc.com
                                                                                            (such as where an unlawful extension has   for one of our 140-plus solicitor estate agency
                                                                                            been built), but your solicitor estate agent will   firms who can all guide you on your way to a
                                                                                            be able to guide you on your options.  happy home.


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