Conveyancing Solicitors in Milton Keynes for New Build homes

Why Conveyancing Solicitors in Milton Keynes must review planning permission for newly built properties

When developers apply for planning consent for new homes, the local council will almost invariably require them to enter into a planning agreement as a condition of granting approval. Such agreements are made under Section 106 of the Town and Country Planning Act 1990 and Conveyancing Solicitors in Milton Keynes frequently come across them in connection with the purchases of homes in the area.

They are increasingly used to support the provision of services and infrastructure, such as highways, recreational facilities, and affordable housing. Although at first sight they should be of little concern to the buyers of individual homes on a development, Conveyancing Solicitors in Milton Keynes do have to check whether any such agreement is in fact binding on all subsequent owners.

Conveyancer Joanne Yamat acted on the purchase of a freehold home on Lanercost Crescent, Monkston, Milton Keynes, Buckinghamshire, MK10 for Mr and Mrs K. When she received the result of the usual local authority search carried out by Conveyancing Solicitors in Milton Keynes, she noted that a S106 Agreement was registered against the property. This meant that in theory the council could take enforcement action against the owner for a breach.

Would the Council take action?

In practice this would be unlikely, as such agreements require the original developer to carry out works or provide facilities which would be impossible for individual home-owners to do. Nevertheless these documents have to be inspected and enquiries may have to be made with the council to ascertain if there are any outstanding breaches by the builder.

Joanne requested a copy from Franklins LLP of Silbury Court, 354 Silbury Boulevard, Milton Keynes, Buckinghamshire MK9 2LY, the Property Lawyers acting for the sellers. On receipt, Joanne was able to ascertain that it contained a clause to the effect that the local authority would not enforce it against the purchasers of plots on the estate, so there was nothing for her client to worry about.

Not all agreements contain such a clause, which is why they must be checked by Conveyancing Solicitors in Milton Keynes.

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