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Hunters Law
28th September 2023

When planning of a new build does not go to plan!

When planning of a new build does not go to plan!
Scott Battram
Scott Battram
Senior Associate

As a property lawyer - and especially as a new build specialist - it is never easy when such an article appears on one's screen!  

The brain instantly flitters between:

  1. How awful and terrible it is for all the tenants within these blocks that will be made to find new properties, potentially miles away from the life they have now established, and to potentially being homeless; to 
  2. At what point were these two buildings given the green light to being, not only fit for accommodation, which they are, but compliant with the planning permissions?  

Having previously acted for developers and previously been a panel solicitor for many developers, it is always with great care that one triggers completion. It is also with great care that one keeps in mind at all times that being fit for occupation is completely different to being compliant with planning permissions (and building control signoff).

In my experience, new build properties are a minefield of potential issues, of which not one singular person is in control. 

It is therefore essential before any completion takes place to conduct a thorough check of all planning applications to ensure the building complies with not only what has been built, but what was stated to be built. Along with a renewal of a local authority search to ensure nothing is showing, and with ensuring that all parties are as sure as can be that everything has been complied with.