I'm in the process of selling and have come across a stumbling point re potential planning permission issue with a path I built in 2017. I looked into this when my solicitor asked me, amongst other questions, to confirm that no hardstanding had been laid at the front.

 

The path is 7m long x 1.6m wide, non permeable. Parking space been there for 40+ years. 3/4 of my path leans slightly toward the garden for drainage. The last 1/4 towards the road, which I've now discovered is a no-no. From what I can gather I'll need to put in a drain channel and that will need to be directed to a soakaway. 

 

Can anyone give any advice about the soakaway part please? Will large gravel/stone suffice for a path? I'm going to cut in a drain channel across the path as per photo this weekend, just need to know what else to do before potentially asking the council to confirm it won't need planning (I hope!)

What was there before? If the path replace paving that was there before the law changed I would reply "No new paving, only replacement of existing'".

I would do it half way up the first full slabs and square with a slot box, soakaway in theory 1m3 but a big ish fence post hole filled with rubble beside the path would work , dows it ever rain on the lawn? 

If it were me I would ignore it and do nothing.

 

If a buyer is going to make a fuss because of a path like that, they are not the buyer you want.  If that is all that is wrong with the house then that is good and it should sell easily.

 

I would read the "hard standing" question as have you made additional vehicle parking space and answer no.

Having bought and sold a lot of houses increasingly the solicitors seem to pick up on everything, to which I either fix if its major or decline and say the correction cost is built into the price. So do one. Its often not the buyer raising the issues.

“No new hard standing, always existed”. ?‍♂️ (Prove me wrong!). As per @ProDave above.

Edited January 22, 20224 yr by joe90

Thanks all, its the buyers solicitor asking me to confirm that no covenants have been broken, they supplied a list, one of which is re hardstanding. I will do what Tonyshouse has suggested and hope for the best!

This was it before, half solid slab and half pavers on mud. If it was ever looked into, google maps shows the work has been done since 2008

Hopefully, providing a drain channel, directed towards the garden, will satisfy this and I can tell my solicitor that its all above board...

Edited January 22, 20224 yr by Build2022

It's a pretty easy job to concrete a drain channel in.  No one's going to check where it drains to... ?.  What's going on with the dropped kerb and tarmac 'ramp'?  Was it previously used as an additional parking place?

31 minutes ago, Roundtuit said:

It's a pretty easy job to concrete a drain channel in.  No one's going to check where it drains to... ?.  What's going on with the dropped kerb and tarmac 'ramp'?  Was it previously used as an additional parking place?

That tarmac ramp was there when I bought the place. The dropped kerb is where my actual parking space is. We do use the path to park on as it's been built to withstand it, but noone needs to know that ? 

I would say no hardstanding has been installed.  The only hardstanding is the tarmac which was existing.  Hardstanding is for parking motor vehicles.  DON'T go down the planning consent route.

5 minutes ago, Mr Punter said:

I would say no hardstanding has been installed.  The only hardstanding is the tarmac which was existing.  Hardstanding is for parking motor vehicles.  DON'T go down the planning consent route.

+1, you only replaced/repaired the existing path, not hard standing. Play hardball and let them prove otherwise, solicitors (in general) will find every means to get more money out of you (or them) If the buyer gets funny over such a small thing find another buyer.

Edited January 22, 20224 yr by joe90

"No new hardstanding has been installed in my ownership, only maintenance and upkeep of the existing path/garden" 

 

if they ask anything else say "not as far as I know". 

 

if they ask whether you will do anything about it say "sorry, no"

 

And leave it at that. Been there/done that with various issues. I would do the above unless you're REALLY struggling to shift your house and this is the only buyer willing to consider it (I doubt it in the current climate?)

On 22/01/2022 at 10:50, ProDave said:

If it were me I would ignore it and do nothing.

 

If a buyer is going to make a fuss because of a path like that, they are not the buyer you want.  If that is all that is wrong with the house then that is good and it should sell easily.

 

I would read the "hard standing" question as have you made additional vehicle parking space and answer no.

Plus 1. Your only duty as a seller is to answer questions (that the buyer puts in their pre-contractual enquiries) honestly. You don’t have to give a view on whether something is compliant with planning law. Or rectify things that aren’t.

On 22/01/2022 at 08:59, redtop said:

Having bought and sold a lot of houses increasingly the solicitors seem to pick up on everything, to which I either fix if its major or decline and say the correction cost is built into the price. So do one. Its often not the buyer raising the issues.

It’s the lender that is getting more picky. 
 

You can indemnify the house against just about everything so look into that. 

On 22/01/2022 at 09:23, Build2022 said:

Thanks all, its the buyers solicitor asking me to confirm that no covenants have been broken, is trying to sell me indemnity insurance at great profit,  they supplied a list, one of which is re hardstanding. I will do what Tonyshouse has suggested and hope for the best!

 

Fixed for you.  

 

When we sold, they tried to get us on Planning permission for the conservatory, planning permission for hard standing at the front, both of which I fended off. They got me on mines and minerals, the fact that the rights are not in the deeds and I may have encroached them when I dug the foundations for the extension. Whole faff added about four weeks to the exchange.  Indemnity insurance on that was about £150.    

1 hour ago, Blooda said:

 

Fixed for you.  

 

When we sold, they tried to get us on Planning permission for the conservatory, planning permission for hard standing at the front, both of which I fended off. They got me on mines and minerals, the fact that the rights are not in the deeds and I may have encroached them when I dug the foundations for the extension. Whole faff added about four weeks to the exchange.  Indemnity insurance on that was about £150.    

 

solicitors tricks like this are very very common. The more crap they can request the more time they add to the clock/bill. 

Do an 'invisible mend' on the soakaway position.

On 13/02/2023 at 09:36, Dave Jones said:

The more crap they can request the more time they add to the clock/bill. 

I always agree a fixed fee for conveyancing. It’sa standard transaction, and Even the costs of “surprises” can be legislated for in advance. Anyone charging an hourly rate for residential conveyancing in this day and age is a cowboy. Not illegal, but not best practice for standard residential conveyancing.