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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10998
Experience:  I have been practising for 30 years.
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We are mid-way through selling our property, we completed

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We are mid-way through selling our property, we completed and submitted the Sellers property Information Form several weeks ago. In the last few days we have received notice of a planning application regarding an annexe our current neighbours would like to build. We were unaware they were planning to do this when we completed the SPIF form. Are we still required to disclose this application to our purchasers at this stage?

Hello for clarification - have you just received this notice to your address?

Customer: replied 6 months ago.
A few days ago, yes

You will be required to confirm between exchange and completion, whether any of the details of changed so yes, you might as well get it disclosed now rather than later and in any event it should show up on the local search so I would just disclose it regardless.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 6 months ago.
As I thought, If the neighbours were to withdraw their application, would we still be required to disclose?
Customer: replied 6 months ago.
what potential legal position would be in if we didn't disclose? Many thanks

The Question here which is relevant on the form is 3, Notices & proposals. You have received a notice which affects the property and therefore the answer is yes. If you do not disclose this before completion, then you misrepresent the property. Whether bio has any claim against you would depend on the nature of any development and the effect of the house on the property value although they can potentially make a claim for loss of amenity depending on what effect the development has on the property. It is simply not worth the risk.

When you ask what happens if the neighbours withdraw their application, you should still disclose it because you have received a notice but you would qualify your response by saying that you had received notice of an application but that the application had now been withdrawn.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

Customer: replied 6 months ago.
OK, thanks for clearing that up, much appreciated

I am glad to help.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

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