Retrospective consent for windows to keep in line with council works

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Retrospective consent for windows to keep in line with council works

    Hi,

    I am the freeholder of an ex council property. Approx 2 years ago the council decided to put double glazing on the estate for all council tenants. I was invited to pay £8,000 to have the work done to my property. It sounded excessive so I had the work done by private contractors which cost approx half that figure. I paid extra to have exactly the same specs as the rest of the estate and it looks identical.

    Now the council ares saying I did not have planning permission and need to pay £395 for retrospective permission and maybe also £470 for :

    "Formal Consent to change windows*: Surrender of current lease and regrant of voluntary lease*** £470.23".


    Do I have any basis to dispute the planning permission charge since rather than me making changes it was instead me bringing my property into line with the changes that the council made to the properties around me?

    Also does the surrender of current lease and regrant of voluntary lease apply to me? I am a freeholder. I don't understand the legal situation enough to know if I have a lease as well that might needs regranting?

    Many thanks for any advice

    #2
    It sounds like council think you are a lessee rather than freeholder. I don't see how you have a lease unless you have underleases.

    Comment


      #3
      For the consent they know I am a freeholder. The legal fees part I am not sure if it applies to me as it was in a general document.


      For consent they say the relevant part of my transfer agreement is:

      6) Not with out prior written approval of the Council to make any alteration to the structure or external appearance of the property or to any drains sewers pipes apparatus or installations which serve the property in common with any neighbouring or adjourning property.

      I did not get prior written consent so I am in breach of this clause. Do I have an argument that the council made the changes to the majority of the properties on the estate and I was simply trying to keep inline with these changes?




      For the "Formal Consent to change windows" fee I am not sure if it applies to me. It was part of a 'Consent to Make Alterations - Guidance for Homeowners" document that the council sent to me as part of this process. The relevant part is this:


      Legal Fees

      Once works have been completed final consent may involve legal documentation.

      The Council’s legal fees are also payable by you in addition to your solicitor’s fees. Below is guidance on the costs payable to formalise the consent to alterations. These may change depending on the circumstances of your alterations and this will be confirmed when issuing the consent in principle.


      Legal Fees 2016/17

      Like-for-like replacements of kitchens/bathrooms or Change of boilers/radiators or Minor structural alterations - Formal letter £0.00

      Structural and/or other alterations
       Where there is no change in internal layout: Licence for Alterations £239.12
       Where there is a change in internal layout: Licence for Alterations £239.12 + Land Registry compliant floor plans £175.00

       For Formal Consent to change windows*: Surrender of current lease and regrant of voluntary lease*** £470.23

       For Formal Consent to build an extension (including loft conversions)**:
      Land Registry compliant floor plans £175.00 + Surrender of current lease and regrant of voluntary lease *** £992.70


      [There is no explanation of what * or ** or *** refer to]

      Comment


        #4
        I should ring the person who wrote you the letter. It sounds like f*ckwittery.

        Comment


          #5
          Originally posted by Matty1973 View Post
          I am the freeholder of an ex council property.

          ...does the surrender of current lease and regrant of voluntary lease apply to me? I am a freeholder.
          If, as you say, you (or a previous council tenant) opted to buy the freehold of a house as part of 'right to buy' I'm lost as to the reference to 'lease'? It is a house?

          "For the consent they know I'm a freeholder". As an ex public servant (who never sold council houses, mind) I'd advise treating "know" with a long stick. Council officers have problems remembering where they parked their car, let alone some old RTB deal somebody once had on their cluttered desk years ago and there's been ten departmental restructures since, loads of redundancies and IT broke the shiny new mainframe system a few times.

          I'd make sure in writing the ones in charge now know by going in with your paperwork and getting a named senior officer to admit they know and you'll hold them to admitting it.

          What you describe as 'planning consent' surely isn't the same as a landlord consent? What you call a 'transfer agreement', what be this? The sale transfer to you? maybe the other paperwork was generic for folks who only bought leasehold? Or maybe you ARE a leaseholder?

          Otherwise on face value the reference to "surrender the existing lease" for a freehold property suggests some clerical officer stuffed the wrong envelope with one eye on their flexi-time clock. But take nothing for granted. Might be worth going back to your conveyancer.
          Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

          Comment

          Latest Activity

          Collapse

          • Restitution for overpaid service charges
            by Lorimer
            I have just had a First Tier Tribunal hearing for a service charge challenge spanning the years 2014-2016. The FTT confirmed what I suspected - that I had overpaid 10K of service charges and that although the FTT is not in a position to order repayment to me, I might consider making a county court claim...
            18-04-2019, 09:01 AM
          • Reply to Restitution for overpaid service charges
            by CANADA576
            Hi Lorimer,would love to know the outcome as I have a very similar problem with a persistent leak plus wrongly apportioned and exaggerate Buildings Insurance premiums from a landlord that owns 8 properties in a row, including mine.
            09-12-2019, 10:08 AM
          • Reply to Council or housing association as freeholder
            by propertyboy
            Will I have the same statutory right to extend after 2 years like another leaseholder regardless of the fact that the freeholder is the council?

            Does it matter if you are a non-resident landlord? Can you extend your lease after 2 years if you are based overseas?...
            08-12-2019, 17:49 PM
          • Council or housing association as freeholder
            by propertyboy
            Hi all,

            I do not have any appetite to buy ex-local stock and look to buy period property in London.

            This is personal preference (lots of ex local supply and prefer victorian stock in a period property with 2-3 flats in the block).

            Recently I have been looking at...
            24-11-2019, 21:28 PM
          • Reply to Correct Accounting report for an RMC
            by Gordon999
            The unspent service charge money including "reserve fund/sinking fund " belongs to the leaseholders. The RMC has to keep the service charge money in separate bank accounts called "client account" for which the bank will issue a letter to acknowledge the "client account"...
            08-12-2019, 14:00 PM
          • Correct Accounting report for an RMC
            by Libra
            I am wondering what is the correct accounting report for an RMC, that is owned by the leaseholders / freeholders and also owns the freehold.
            Has the Tec/03/11 been superseded? Is the Financial reporting standard 102 section 1A appropriate?
            Is it correct to report that the reserve fund...
            07-12-2019, 16:49 PM
          • Reply to Correct Accounting report for an RMC
            by Gordon999
            The RMC has to file its own "RMC company accounts" to Companies House and if it has no ground rent income, it will be filing dormant accounts.

            The RMC has responsibility under the lease to collect the service charge money from leaseholders and arrange maintenance of the building...
            08-12-2019, 13:44 PM
          • Reply to Correct Accounting report for an RMC
            by Libra
            Thank you Leaseholder 64. I
            07-12-2019, 20:05 PM
          • Reporting the directors of a RMC to be unfit
            by Libra
            Hello...and thank you for listening
            I am wondering if one could report the RMC directors to be unfit - several breaches of Companies Act - blackmailing / coercing the residents / misleading statements regarding the right to acquire the freehold - probably false accounting ( still investigating...
            07-12-2019, 16:39 PM
          • Reply to Reporting the directors of a RMC to be unfit
            by Libra
            Hello Leaseholder 64,
            Thank your for your reply. I didn't think that they are the same issues ...that's why I started another post. I can now see how they can have a common point. To my mind, whether I can report the directors was different to what is the correct account report for a RMC. My apologies....
            07-12-2019, 20:00 PM
          Working...
          X