Page 39 - December 2023

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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