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Is the new property owner entitled to surveys & reports that we paid for?


Lee C

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Hello everyone,

Am I obliged to hand over reports and surveys to the new owner of a property?

We got Prior Approval for change of use under the permitted development regulations, to convert a small, run-down commercial site into residential, and then sold it via auction recently.  We assume the new owners will want to submit a full planning application to knock the current buildings down and develop flats from scratch.  As part of the PD process we paid for various plans, surveys, reports  etc. 

My question is: which, if any, of these plans, surveys etc are we obliged to hand over to the new owners?  Or are we entitled to negotiate a fair price with them for any they want?  This is my parents’ retirement money so if we can recoup some of the thousands we paid then I feel we should.

 

Many of the reports were submitted to the council as part of the PD application and the council published them on their website along with our application form, their decision notice etc.  Are there specific documents which have to be publicly available?  I can’t find a list or details anywhere.  I’ve emailed the council to ask them to remove any non-essential ones, no reply yet.

 

The entry in the auction catalogue only referred to Prior Approval being granted, not to any specific reports etc, so I assume there’s no issue there.  The buyer would have been sent the legal pack (contract etc) when registering interest before the auction so I assume that would’ve included everything which was legally required at that point.

Thanks for your help!

Lee

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  • 3 weeks later...

Hi Lee,

You are not obliged to provide any of the report you instructed, but providing them may help with the sale of your property. However, I would imagine the solicitors will ask for certain informatio as they undertake there duedilgence. Bear in mind the advice provided in the report is for your use only. If you were to pass them on, the new owners can not rely on the information in them - unless consultants give you express permission. That said, before passing on any information, check with the consultants who produced them. They may have right to the 'titles' restricting you from passing the reports on in the first place.

Hope this helps!

Jamal.

Jamal Parara

Director at Keystone Chartered Surveyors.

BSc (Hons), PG Dip, MRICS, Tech IOSH. NECReg.       

T: 0161 240 2331 M: 0753 447 2933 W: keystonecharteredsurveyors.com

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