Solicitor spots planning issue when House Conveyancing in Bristol

Home sale in Bristol, BS30

Fridaysmove's recommended House Conveyancing specialist Katie Clark spotted a potentially serious problem when acting for the buyers of a property in Bristol BS30.

Local Bristol agents Besley Hill of 377 Two Mile Road, Kingswood, Bristol, BS15 1AD had supplied property details which included a description and pictures of the house.  A feature which they highlighted was the existence of a two-storey extension at the side which was reflected in the selling price.

As a usual part of the House Conveyancing, the local search was undertaken with Bristol City Council at their office on College Green, BS1 5TR, but when the replies were returned they did not show that any consents for the construction works had been obtained, only approvals for the building of the original property.

Katie asked for further information from the vendors' House Conveyancing Solicitors , Batchelor Sharp of 377-379 2 Mile Hill Rd. Bristol, Avon BS15 1AD. It turned out that another firm had previously acted and when their clients had bought the property the extension was already there.

They had assumed that everything was in order, and it was uncertain why their previous lawyers had apparently not spotted the problem.

House Conveyancing for properties with significant alterations

Although it is often possible to extend a house up to certain limits without needing specific planning approval, reference to the photos and plans of this house indicated that a planning application probably should have been made. Furthermore the work should have been checked by the local authority to ensure that it complied with building regulations. It was therefore clear to Katie that she could not advise her clients to go ahead until she was satisfied that there would not be any legal problems.

The sellers said that they had bought some years before and had not done any further works. They had not had any contact with Bristol City Council about the work, and their building survey did not reveal any structural problems.

Had the work been completed quite recently, Katie might have had to advise her clients not to go ahead until the sellers had obtained retrospective consent, a potentially time-consuming process. However in this case Katie accepted that if the vendors agreed to pay the premium for an indemnity insurance policy, this would be sufficient protection to cover the risk of the Council taking any enforcement action. An acceptable solution was therefore achieved and the purchase then proceeded smoothly to completion.

To find a Bristol Solicitor for your House Conveyancing, give Fridaysmove a call on 0330 660 0286 or get a quote online.