In a disconcerting trend uncovered within the UK’s home buying market, councils are categorising new road schemes as planning permissions for “Private Bodies”, meaning they are invisible to the standard questions answered within the local search for homebuyers.
This is leaving homebuyers vulnerable to unseen road schemes that are planned but not yet under construction within 200 metres of their doorstep, and conveyancers wide open to complaints. Kate Bould, residential property search professional, is aiming to tackle this issue head-on with a new campaign:
“The plight of one homebuyer was brought to my attention. Three weeks after moving into his new luxury, semi-rural property, the buyers discovered their home was to be perched on the edge of a new major road scheme, built to give access to a huge mixed use development less than a mile away that would include 2670 houses, a 120-bed hotel, railway station, sports facilities, offices, a supermarket, secondary and primary schools, two children’s nurseries, a library, doctors surgery, and offices.”
Determined to find out how the plans for this major road scheme had not appeared in a robust set of searches ordered by the solicitor, Kate spoke to the councils, highways, and planning departments:
“What this detective work revealed was an alarming, unbelievable, and very concerning trend.
Many councils are putting many approved road schemes under outline planning permissions with the developer, which means they are not revealed on the local authorities register and thus not revealed by ‘standard’ search enquiries.
What is significant is that the local search includes questions regarding any road schemes, but does not include road schemes by private bodies or developers as standard. This is a costly additional search which is rarely ordered for residential dwellings.
In this instance, the council’s register showed no road schemes within the search results, however a road scheme was started just after the property conveyed. The searches were double-checked, and we determined they were correct, and no road schemes were listed – so how was the road being dug up and widened so near to the property without being revealed in the search?“
To answer these key questions, Kate’s team ordered a Question 4, which is an Optional Enquiry that reveals any road schemes by private bodies and developers. Kate explained:
“We were shocked to discover that the road scheme had been approved on an outline application in 2012, despite work only commencing in 2021. So, we investigated further because if this was the case it would mean that road schemes within 200 metres of a property, that are planned but not yet started, will only be searched for by using the Question 4 optional enquiry.
This is the crux of this scenario and needs to be addressed immediately – it is not a one off. Our detective work has confirmed it is a trend, and one we want to share with the conveyancing world. It is a revelation, and a staggering discovery.”
Optional Enquiry Question 4 must be routine in wake of ‘unbelievable’ trend
Kate is urging conveyancers and solicitors to select an Optional Enquiry 4 on every residential property transaction from now on:
“We are urging all residential property solicitors and conveyancers, as well as estate agents, everyone involved in property sales and purchases, and the homebuyers themselves to be vigilant – and importantly to routinely request the ‘Optional Enquiry Question 4 for clients, which costs between £20 and £45, depending on local council charges.”
Unfortunately, some local authorities do not answer Question 4. Kate continued:
“Other options to protect against and cover this type of risk include requesting a Planning Interpretive Report via your conveyancing solicitor, which plots any development or schemes surrounding the property. Costs starts at £15 for commercial and residential properties valued up to £1million for commercial and residential property rising to up to £30 for properties valued up to £3 million value is £30. Homebuyers are recommended to also look into taking out Risk Insurance.”
One Response
The additional part 2 question which generally costs less than £16 is not costly at all. A better understanding of the planning system is what ought to be understood.