Council enforcement action appeal failed

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    Council enforcement action appeal failed

    Hi,
    We just found out that the house we are interested in buying has a planning enforcement and the seller's appeal failed. The house was converted into flats without appropriate planning and building regs.

    What are the chances of getting planning permission approval and building reg consent retrospectively?

    Will the four year rule apply for exemptions for the new buyer? ie, if the conversion and building works is over 4 years old will it make a difference?

    My interest is to use two flats for my family and let out other two if possible? So should I apply for change of use or a HMO?

    Anyone with similar experience or any advice will be much appreciated.

    Ta,



    #2
    I would think zero if a an appeal failed. That's for PP.

    Changing to flats is a change of use, so the limitation period is ten years, not four.

    Comment


      #3
      Thanks leaseholder64 , this clarifies the situation, so we are unlikely to secure planning permission. Can the council force us to alter the existing layout (eg multiple kitchens) into one kitchen to establish single dwelling status.

      One option we are considering is to use it as 'single' dwelling and seek a HMO license so it can permit a family plus additional tenants? The tenants will have their own separate kitchen so technically it'll still be a multi unit?

      Can the council stop us from letting the additional rooms/flats?

      We could consider removing the kitchens and have one main kitchen if it'll solve the problem but ideally I want to be able to let out two bedrooms/flats if possible.

      Struggling to find a way to resolve this as this house seems ideal for my needs.

      Ta,

      Comment


        #4
        Walk away from this one.
        The council won't be able to give any kind of useful answer until you apply for whatever permission you want and you have no idea what they would require.

        The seller needs to resolve the issue with their failed change and then sell the property when it is fit to be sold.
        Otherwise the council can have you jumping through hoops for ever.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          The Council can force you to reinstate the dwelling back to what it was before the changes were implemented. An enforcement notice goes with the property. If you purchase it, you are taking on the liability of the enforcement notice including potential costs if the council chooses to prosecute (if you choose not to comply). They are entitled to go on to property and do the work themselves and then charge the owner. This can escalate to the threat of potential custodial sentences and lengthy and expensive court battles, see Fidler v Secretary of State for Communities and Local Government and Reigate and Banstead Borough Council [2010] EWHC 143 (Admin). You could have a pre-application discussion with the council about the potential for an HMO, but they will still vigorously pursue the enforcement notice - which won't give you much time (if there is any time left at all).

          Comment


            #6
            Originally posted by jpkeates View Post
            Walk away from this one.
            The only possible decision. Do not buy into a problem

            Comment

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