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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Im selling my leasehold property and it's just come to light

Resolved Question:

HiIm selling my leasehold property and it's just come to light that an internal wall had been moved and a patio door had been put in by the previous owner without building control or planning permission. Im now trying to see if I can get the changes approved by building control and planning permission granted retrospectively but I just wondered if there is any point chasing why it wasn't discovered when I purchased the flat...? The solicitors I used don't seem to be in business anymore though.....Thank youShirley
Submitted: 1 year ago.
Category: Property Law
Expert:  wingrovebuyer replied 1 year ago.

Hi. If you think the solicitor was negligent, but they're no longer around, then you should contact The Law Society (Google this name for their website) and ask them if they can assist. The firm you used may have merged or been taken over, and they can advise you of the new name and contact details if this is the case. Also, the firm's indemnity insurer may still be liable if you can prove negligence. Solicitors really should pick up on these things so it does sound like you have a reasonable claim for negligence. More practically, ask your current solicitor if they can get a cheap insurance policy instead of chasing retrospective consent. This is often possible and is usually cheaper and quicker. Finally, if the property is leasehold, it is likely the building works would have required the landlord's consent. Your solicitor needs to ensure that this was obtained at the time or, if not, this will add to the delays. Best of luck, We

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