Transfer of PP

[Stewpot]

I'm in the process of purchasing a plot in Scotland with Planning Permission in Principal (Scottish for Outline PP).

 

My solicitor emailed me today, saying

 

Quote

"We asked the seller to confirm that they are happy for you to use the current planning permission which has been granted to them and they will assist you in transferring this grant of planning permission if required.  They have said that they are happy to assist with this provided there is not endless to-ing and fro-ing for them."

 

Have I been wrong to assume that PP goes with the land? I didn't think there was any question of the seller being able to withhold the transfer of it. I didn't even know we had to ask the seller if this was OK. I realise that the PP documentation is all addressed to the seller, but can the seller decide against its transfer?

[ProDave]

PP is granted to the land, not the person, stop worrying.

 

I would question if you are using the right solicitor?

 

In any event it is only PIP so you will be doing another planning application to sort out the details anyway.

[Stewpot]

Well, that's what I thought, but I've never bought property in Scotland before, so I did wonder if it was one of the differences between Scottish and English law.

 

I'm not really worrying - for reasons I may go into after completion, I have quite a lot of confidence that this part of the project is going to work out OK.

 

As for solicitors - well, I have an increasingly decreasing opinion about most of them. So far, this one's proved pretty OK, but this did seem a strange thing to say.

[andyscotland]

4 hours ago, Stewpot said:

 

As for solicitors - well, I have an increasingly decreasing opinion about most of them. So far, this one's proved pretty OK, but this did seem a strange thing to say.

 

It does sound like a strange thing to say - the concept itself and the way they've worded it (never seen a solicitor say "endless to-ing and fro-ing"!)

 

My hunch is the solicitor is more used to buying buildings than plots/land?

 

While the PP aspect won't be affected it might be worth thinking about/asking if there's anyone in the firm who can check whether there are other aspects of the transaction that someone with more land experience would be looking out for.

 

Not sure what that would be really - slightly different contract clauses, more detailed searches for underground services/rights of way or that sort of thing?

 

I'd just be a bit nervous that buying land is different to buying a building and if they're not familiar with that they might miss something lawyery that could bite later. But maybe you have all that covered yourself.

[bassanclan]

Maybe the solicitor is actually referring to the actual paper plans or the existing owner has the copyright of the design which you might want to alter?

[Stewpot]

I've emailed the solicitors, asking why they're even asking the seller the question. Maybe there is a good reason. It won't be to do with any plans or design, though, as the plot only has outline permission.