6 years ago I bought a house, which the previous owners had added a conservatory to. This wouldn’t normally be a problem, (usually a conservatory is a permitted development). I’ve since found out the local authority attached very strict conditions to the planning for the estate I live in because of “archeological interest”, and so planning permission is required. My local council have asked me to submit a planning application for approval. Doing this is likely to cost around £1200 (quote I received from a surveyor) The solicitors I arranged the purchase of the house through didn’t tell me there any potential planning issues, and haven’t been helpful when I contacted them about this 3 weeks ago. I want to move house fairly soon, and I imaging a purchaser would be unhappy to find planning permission problems. I’m unhappy to be faced with hassle and bills to sort this out. Can I claim against my sol? Any advice would be a huge help. Thanks in advance. From what I can tell… As the first answer said it will be costly claiming against your solicitor. BUT personally I would start the claim against your solicitor whilst obtaining the planning permission on your own. It is something your solicitor should have spotted. Good luck x x x
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I think that, rather than go through a protracted legal procedure which could involve a lot more money than £1,200, I would just bite the bullet and pay the cash. You’ll have the problem resolved and you’ll be able to sell your house without any hassle. Going to court should be your very last resort.
And when you do sell, don’t use the same solicitor!
Good luck.
Try contacting the Legal Ombudsman for the correct advice. . . . .
Sounds like your solicitor has been negligent. You should have received an engagement letter from your solicitor setting out the complaints procedure. Follow that. If you didn’t or can’t find it, you must write to the firm first, setting out your complaint. The letter should be to the person who acted for you. If you don’t get a satisfactory response, write to the senior partner of the firm. if you still don’t get anywhere you can complain.
This is from the law society webbie:
Consumer Complaints Service
The Consumer Complaints Service is the part of the Law Society which helps you if you have a problem with your solicitor.
Our helpline number is 0845 608 6565 (other numbers). Lines are open from 9 to 5, Monday to Friday (please note we record calls for quality and training purposes). You can complain using our complaints contact form, or you can write to us at
CCS
Victoria Court,
8 Dormer Place,
Leamington Spa,
CV32 5AE
What we can do
We can deal with:
complaints from clients about poor service
applications for remuneration certificates (where we check if your solicitor’s bill is fair)
reports about professional misconduct by solicitors.
This should have been picked up at the time YOU purchased the house from the previous sellers. If the previous sellers had planning permission, they should have been able to provide all of the documentation to the solicitor who was acting upon your behalf at the time (that is what they are there for – to ensure there are no hidden things).
A friend of mine found this out when she went to buy a house. The sellers had built out a very small, front porch – the solicitors had to find out and request from the sellers that it had, had planning permission acceptance. At the time it seemed so daft as it was only a very small porch, but apparently anything to do with changing the face of the house had to have received planning permission. (Something that took a long time for the sellers to provide)
I wouldn’t say it is your responsibility seeing, as you were the one’s who didn’t put the conservatory up. I would have your solicitor look into this for you with the council. And if it was that your solicitor who was acting upon your behalf when buying your house didn’t spot this, or bother to look at this, then you have a right to take them to a solicitor’s tribuneral for ill advising you.
As solicitors cannot take another to court, this is where you would have to go I understand, and yes, you should be able to seek compensation.
My advice would be to go seek independent advice from a completely different solicitor, just to make sure. Some of them do do those free advice mornings where you can just pop in.