Bought land with PP but house won't fit

[Mike3]

I purchased a piece of land off a lady who was selling the house and garden separately. The house was sold with planning for a 4 bed detatched and a drive to the side. I was introduced to her architect and I paid for building regulations drawings at a cost of £1850. On his advice and with a plan from him, I was asked to dig 4 test holes for each corner of the house. Now when I marked them out, the house just fits but doesn't allow for a the cars as specified in the planning approval, it's nearly 1 metre nearer to the neighbours, who wpuld of probably objected had they known. I rang him to check that the trial hole plans were correct and I could clearly hear that he realised something had gone terribly wrong. So now I have a piece of land with planning that if I build will be worth less and moreover would fall foul of the conditions it was approved by. I am not a developer, this is to be our family home. I think my complaint lies with the seller and she should recover monies from the architect but guys, I am absolutely lost as to what to do. Can anyone help with similar cases or tell me where I stand?
Thanks.
Mike

[des8]

Hi and welcome

When you purchased the land did it have full or outline planning permission?

[Mike3]

Thanks very much for replying. I understand it to be Full planning, as in I could build the foundations straightaway. The conditions attached seem standard, I have to build within 3 years etc. On the letter it states 'Planning Permission Granted'.

I have attached the council web page which shows 'FUL' in the reference.

Does this make a difference?

[Mike3]

Here is the letter I also received.

[Mike3]

To help understand the problem, I have attached the plan. From my coveyance solicitor (who respectfully admits this is outside of his expertise), he advises me that we were sent this exact plan for conveyance purposes, as to what I was buying. The main issue is the width, the land is just shy of 1 metre thinner and therefore the house does not fit as per the planning approval. The plans were done by the original architect for the previous owner and I think he measured his width original boundary to other side original boundary and when it came to drawing it out, he put that measure ment from the proposed new boundary.

Either way the land is smaller, even if the Council let me build in the reduced plot size, I will have to move the house back and reduce the already small garden, to accommodate parking at the front, as cars no longer fit at the side as planned.

That's a big 'if the Council allow me to change at all.

Thanks for any advice you have.

Mike

[des8]

So the parcel of land purchased is actually 1metre narrower than that shown on the architect plans.
Does the seller still own the neighbouring house?

You purchased the land, after you had commissioned the plans from the architect and after you had obtained PP.
Or did the seller arrange the plans (for which you paid) and obtain PP?

Have you checked the dimensions of the land as recorded by Land Registry?

Is the architect a member of RIBA?

[Mike3]

Thanks for replying.

Yes the land is 1 metre narrower. Sadly the owner sold the land and house on the same day to different people.

Sadly, I purchased the land with PP in place. The seller had commissioned the architect.

I am waiting to see LR records, it's not registered as yet as it only completed roughly 8 weeks ago. My conveyance solicitor advises me the plan I have posted above, was used for LR purposes.

I don't think the architect is with RIBA but I maybe wrong.

I think you see I am in a sticky position.

[des8]

I would be thinking along the lines of rescinding the contract through innocent misrepresentation by the seller.

You bought the land complete with plans for a four bedroom house with full planning permission.
On entering the property to mark out the foundations for the house you discovered the planned building did not fit the actual land.
You should also be able to claim damages.

I accept the seller did not realise the error (hence innocent misrepresentation), but she should be able to pass her losses on to the architect.
If he is RIBA he will have (or should have!) Professional Indemnity insurance.... not that that is your concern.

What is your solicitor advising?

[Mike3]

I do appreciate you replying. And I hope to god you are right. It makes absolute sense what you are saying should be right in a fair world. I do believe the seller or rather her architects made a mistake.

But what you have stated is 100% accurate. In fact we only realised when we went for family photos to mark out the 4 corners of the house and put the first spade in the ground that there was a huge error.

Sadly having spoke to the council, they are insistent it will be a full planning application.

As for my solicitor, he really is at a loss and in the first instance he is going to write out to the other side and ask them how they plan to resolve it. Thereafter he has advised me to speak with a litigation solicitor but has suggested it will cost me tens of thousands (I pointed out surely not 160k) and litigation takes months and years to resolve. Can I ask if this is accurate in your experience?

For me, as the council have effectively cancelled the planning, I am significantly out of pocket. Whether or not they agree a new applocation for me, I think I should be owed some money as I haven't got what I paid for?

Thanks again

Mike

[des8]

The remedies for misrepresentation are rescission or damages or both.

I mentioned only rescission in my earlier post 'cos I assumed the house not being the size you required, you would want out of it completely.

Your solicitor is correct in approaching the other side with a view to resolving the matter without going to court.
That is what the courts expect before initiating proceedings.
Be careful tho'that he doesn't enter into expensive letter tennis that drags on, but a price reduction to cover your extra costs and reduction in ground area might be acceptable to you and negotiable

On the basis you win and this is not dealt with in the small claims track (under £10,000) your costs should be met by the other side.
There are a number of ways of funding your legal costs which you should discuss with your litigation solicitor e.g. Conditional Fee Arrangement
Does your household insurance include legal expenses cover?..that could be a good source but make sure the solicitors appointed by the insurers are up to the task.