I want to make an offer on a house that is about 60 years old and needs a new kitchen extension. To protect myself can I make it conditional that contracts are only exchanged subject to the granting of Planning Permission for the extension.
It is unusual for sales of residential property to be conditional upon the receipt of Planning Permission as the seller will be more concerned with ensuring that the sale has been secured and a conditional exchange of contracts does not give the seller that comfort.
The buyer could, of course, apply for Planning Permission on a property that he doesn’t yet own as you do not need to be the owner of a property to apply for Planning Consent on it. You simply need to notify the Planning Department on part of the application form that you are not the actual owner.
If an application for Planning Permission has been lodged but its consideration by the local Planning Authority has to go to Committee or Appeal for whatever reason, then the seller may well agree a conditional exchange of contracts on the basis that the planning process is relatively far advanced.