Posted Thursday 12th June 2025
When purchasing a new-build flat or house, it’s easy to focus on the design, location, or developer incentives, but buyers often overlook one critical aspect; the planning status of the property and the legal obligations that come with it.
How planning can affect you as a buyer
Planning permissions don’t just dictate how a building is constructed, but frequently include ongoing legal conditions that affect how the property can be used, not just by the developer, but by you, the homeowner. These conditions are usually imposed by the local authority and can be binding on all future occupiers of a property.
In short: planning compliance isn’t just a developer’s concern. It can directly impact how you, and future buyers are able to use your new home.
What could go wrong
Buyers who are unaware of planning restrictions could face serious issues after moving in and, in the most serious of cases, face enforcement action being taken against them by the local authority for breaches they may not even be aware of.
But even in cases that don’t go that far, buyers could find themselves bound by restrictions on how they can use their home that they wouldn’t have accepted if they had known about them earlier, costly remediation, or being stuck with a property that doesn’t meet their needs. This, in turn, could mean that the property is less attractive to buyers and give them increased negotiation power.
One increasingly common example in urban areas, especially central London, is the “car-free” planning condition. These conditions prevent new residents from applying for on-street parking permits indefinitely (subject to limited exceptions). If you rely on a car and the development doesn’t offer on-site parking, discovering this restriction after you exchange contracts could be a costly and frustrating surprise.
What you need to know
Planning obligations can arise from several sources, such as:
These obligations may or may not be clearly set out in the sale documents you’re asked to sign. That’s why it’s essential that your solicitor has the experience to review the full planning background, not just the contract, to flag any issues before you are legally committed.
How Joelson can help
At Joelson, our real estate team is highly experienced in advising buyers on the complexities of new-build purchases. We routinely investigate and explain planning obligations that might affect how you live in your home from car-free zones to restrictions on extensions, use of communal areas, or even ownership structures.
Please contact Richard Showan if you would like further information or visit our real estate page to find out more about our services.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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