redwood Posted July 16, 2012 Share Posted July 16, 2012 Does anyone have any experience with this little clause that has popped up in my Compromis (I'm buying)? I have a Condition Suspensive to the effect that my planning permission must be granted.All so good so far with the usual time period for getting the application in, sticking up the outside notice etc. etc; but then up pops a clause to the effect that at any point within 3 months of the permission being granted (+ 15 days for postage) the authorities can rescind the planning permission.There is a further clause stating that if, after receiving the planning permission - but withing the 3 months + 15 days, I go ahead with the building then the seller and notaire are released from any liability.The notaire is being difficult by not wanting to answer questions by email so I'll be in her office in 10 days with the seller to doscuss but wondered if anyone has come across this before and can shed some light on who can rescind and on what grounds? Link to comment Share on other sites More sharing options...
Boiling a frog Posted July 16, 2012 Share Posted July 16, 2012 As far as I am aware anyone can object to the permis de construire(I asume this is what you are talking about) and they have 2 months +15 days from the date the planning board goes up on your ground. .Hence there is a possibility that the planning could be rescinded if someone objects. Also as a result the seller is saying, if it is recined it is not my fault if you start the build before that 2 months plus 15 days has expired. Link to comment Share on other sites More sharing options...
redwood Posted July 16, 2012 Author Share Posted July 16, 2012 OK thanks - but that isn't the clause I was referring to. You are correct re the permis and the 2 months + 15 days which is covered by the "Recours des tiers" clause; but there is a completely separate clause that just refers to the possibility of a "Retrait administratif" and that time frame is 3 months + 15 days. It wouldn't be a problem except for the fcat that the first draft of the compromis gives me a maximum of 6 months to complete unless the "get out" is triggered by a refusal of planning permission. I know I can ask for the compromis to be re-worded as the 6 months could be exceeded if it takes the maximum 3 months (possibly with a further delay if extra information is requested) to get the permis. If I then add a further 3 months + 15 days I am over the 6 months allowed to complete. And, I still don't know what the possible reasons are for a retrait administratif! Link to comment Share on other sites More sharing options...
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