Offer Subject to Planning

November 2, 2022 by Sam in forum Planning Forum

#1406 Sam, 2 November 2022, 20:32

Hi

We have been offered a price (above market value , obviously) for our house subject to planning. The developer plans to knock our house and our neighbours house down and develop apartments on the land. My question is that if planning were to be approved and the developer then tried to renegotiate the price with us and we weren’t happy with it, can we request that the application is withdrawn and then look to sell our property on the open market? We don’t want to get squeezed down on the price if the developer knows that we wouldn’t be able to sell on the market if there is planning (which would no doubt confuse a buyer)

I know the developer would eventually have to pay what we’ve agreed if we stood firm as they would want to crack on with the build but we don’t want to be left in limbo and I would want to be able to control the sale by knowing we could pull out as a deterrent against him squeezing the price down.

#1407 Damian, 6 November 2022, 22:02

Only a LIVE application can be withdrawn.

Who would be submitted the application… you or them?

Get everything formalised and agreed in writing prior to any time and money being spent on preparing and submitting applications.

#1426 Ben Watkins, 28 November 2022, 23:04

The house can still be used and sold as a house even if there is planning permission for the apartments. Once planning permission is granted, it does not have to be implemented and generally there is a 3 year time limit to implement it.

I think the developer should be more concerned that once planning permission is granted, you could ask for more money! I'm sure they would ask you to sign a lockout agreement or option agreement where the price is stipulated. You could ask them for a deposit as well. It is worth speaking to your solicitor about this to ensure you and the buyers are protected.

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