Lexsure e-ROT

Planning Permission · Report on Title scenario

The development is still being built — what will go up around me?

Somebody has to look, and it is probably not going to be your conveyancer. The standard local authority searches ask questions about the property you are buying — whether a road scheme is proposed within a set distance of it, for example — and report the answers. They do not describe how the rest of the site will be built out. The permission for the whole development does, and it is a public document.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure master Report on Title paragraph: New Development - Wider Development and Surrounding Area · See the wording

Why the searches do not answer this

A conveyancer's searches are addressed to the property. They are precise and they are narrow, and the narrowness is the point: a standard enquiry asks whether a road scheme is proposed within a stated distance, not what the developer intends to do with phase four.

Reviewing the planning documentation for a whole development is a different job, with a different cost, and it falls outside what a conveyancer is instructed to do. The Lexsure wording below says that in terms, which is unusually direct and worth reading as written — the limits of the retainer are part of what you are being told.

Already bought, and the development is not what you expected?

If what has been built around you differs from what you were shown, what was explained during the purchase is where the question starts.

Find out what should have been explained → WhenIBought.com

Where the answer actually is

On the local authority's planning portal. The permission covering the site, the approved layout, the phasing and the conditions are all public, and the planning reference will be on the paperwork you already have.

The sales office is the other source, and a less reliable one. Marketing material is not a planning document: layouts change, later phases differ, and what was shown on a brochure does not bind anybody.

Look specifically for what is planned immediately around your plot, whether there are commercial units or a link road, and how many phases remain.

Why the timing is absolute

After exchange you are bound to complete, whatever the rest of the development turns out to be. There is no later point at which disappointment about the surroundings becomes a remedy.

So if something about the setting matters to you — a view, a quiet boundary, no road behind the garden — raise it before exchange, and put it in writing to your conveyancer. A requirement your conveyancer does not know about is one nobody can protect.

An unfinished development has one further consequence worth knowing: it can affect valuation and the availability of mortgage finance, for you now and for your buyer later.

From the e-ROT archive

Report on Title paragraph

New Development - Wider Development and Surrounding Area

Master precedent Lexsure e-ROTScope Scope of the searchesWord count 75Status Current master paragraph

The limits of our work. The standard local authority enquiries ask questions about the Property itself, for example, whether a road scheme is proposed within 200 metres of it, and we report to you on the answers. They do not tell us how the wider site or the surrounding area will develop. We have not reviewed the planning documentation for the development as a whole, and doing so falls outside the scope of our retainer. …

Master precedent wording. This is current Lexsure Report on Title material, shown here in extract and reproduced exactly. It describes the scope of one firm's retainer in its own precedent; your own conveyancer's scope is set by your own retainer letter.

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