Selling a house

[scoob101]

Last January a local builder put an offer in for my mums house which we accepted.
Since then he has had plans drawn up (and passed ) to convert my mums house into 2 flats.
Now the problem is he is messing us around allways saying it will be completed by the end of the month, and when that comes he says it will be sorted by the end of the month, this has happened 3 times now!!!
Also because of all this messing around my mum has lost the house she was buying as the people she was buying off could not wait any longer and sold to someone else, now this cost my mum in excess of �1000 in solicitors fees, searches and surveys.
My question is can I put my mums house back on the market with the planning approval added or does the builder own the plans and planning permission.
Thanks in advance for any advice.

[redcrx]

yes you can withdraw from the sale and re-market.

as for the planning permission, some of the answers i got when i asked similar question may help you

http://www.theanswerbank.co.uk/Home-and-Garden /Question485560.html

[buildersmate]

I was one of those answering the above question of Redcrx.
The Planning Permission goes with the plot (house/land), not the applicant. Planning Permission drawings are public documents - you can view them and copy them at the Planning Office. So you are able to market the house with PP.

[buildersmate]

A couple more things about this.
Firstly a builder will often protect himself against the homeowner changing his mind by acquiring (for a consideration of perhaps �1000, say) an option to purchase for say 6 months as an agreed price of �Y. This prevents the homeowner from selling to someone else. Your builder didn't do this.
Secondly in most parts of the country we are now in a falling market and it is perfectly possible that your builder is having second thoughts about the economics of undertaking this conversion - and/or his money is tied up in another development and until he sells, he doesn't want to commit further. Either way, your Mum is being messed around so should consider remarketing.
Thirdly be aware that estate agents are generally useless as assessing the potential of conversion opportunities from a sales point of view (to another builder). The fact that a builder was willing to invest time in trying to get, and actually did get PP, may well have enhanced the value of the house over the price as a single dwelling - even in a falling market situation.

[scoob101]

Thanks guys, much appreciated.

[catmando]

I'm no lawyer but my understanding is that planning consents go with the property. Any buyer (and that may be wishful thinking at present) wanting to alter the property will need to submit detailed plans for council approval unless they accord exactly with those already approved for the builder. The council will have the details. This should not be a problem unless the buyer wants to do something totally different in which they will have to start from square one.
On the initial point, there is no reason not put the property back on the market. This may be the spur needed to persuade the builder into exchanging contracts.
Hope this helps.

[buildersmate]

One has a strong feeling of deja vue whilst reading the above.

[Bethany12]

Personally, I would put the house back on the market straight away, and write a letter to the builder, recorded delivery, stating that you have done that, that he has been given reasonable time (over 6 months!!) to proceed to exchange, and that unless he now exchanges contracts within 14 days, you are withdrawing from the sale.

As your mum has already lost the house she wanted anyway, she has nothing to lose as if he gets a wiggle on and buys quickly, she will be a buyer in a buyer's market, and if he withdraws, it's back on the market with the enhanced attraction of that (presumably) outline planning permission.

Good luck.