P/permission for conversion from house to flats

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    P/permission for conversion from house to flats

    can someone buy a house then turn into flats without planning permission.

    Also can he then rent the flats out?

    does he have to have some kind certificate to be a londlord?

    I will see what anwser i get with these and then i will give you the full story.
    Mark

    #2
    Originally posted by britmark
    can someone buy a house then turn into flats without planning permission.
    No; also compliance with building regs needed, notably for 'material change of use' of the property.

    Originally posted by britmark
    Also can he then rent the flats out?
    Well he can rent them out, sell them or live in them; none of which is directly relevant to the planning permission issue though.

    Originally posted by britmark
    does he have to have some kind certificate to be a londlord?
    The property may or may not need to comply with various regulations, depending on whether it's a House of Multiple Occupation (HMO); and it needs a gas certificate if it uses gas; but no, but the landlord himself needs no certificate or anything like that, he just needs to act in a lawful way as regards tenancies etc.

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      #3
      Thanks for the reply.

      This is what has happened.

      Just after xmas a building inspector came round to have a look.
      He asked me if i owned the house to which i don't,i then told him that they where have been converted into 4 flats.

      He then said that the plans did'nt match up and that they should be 3 houses.

      He then said that he needed to gain access to look at what alterations had been made,and that he would contact the landlord and left.

      Now if the landlord had gone through all the right channels for converting the houses i would have thought the building inspector would have know this.Or would'nt he?

      Now the landlord whats me and the people below to quit the other 2 people hav'nt been asked to move,but they have only been renting for 4 months,also i don't think he has made any alterations to these propeties.

      Should he be renting these propties out under them circumstances as if he has'nt got planning pemission he is commiting a crimanal offence,is'nt he?

      Also where would i stand under these circumstances.
      Thank You
      Mark

      Comment


        #4
        Originally posted by britmark
        Now if the landlord had gone through all the right channels for converting the houses i would have thought the building inspector would have know this.
        Well, there's no such thing as a 'buildings inspector'; presumably this guy will have come from either Building Control (concerned with the structure of the building, ie that it's built according to regs) or the Planning Office (concerned with planning permission). The two are completely separate, and the two departments invariably don't even liaise with each other.

        But if the LL had done everything 'properly' then sure, both offices would be well aware of thie situation.

        Originally posted by britmark
        Should he be renting these propties out under them circumstances as if he has'nt got planning pemission he is commiting a crimanal offence,is'nt he?
        As I said before, it makes no difference to the planning issue whether he's renting the properties or not. From a building regs point of view, if he's done the conversion 'incorrectly', eg there aren't means of escapes where there should be etc etc, then he would be in serious do-do if you, as a tenant, were to die in a fire as a result.

        I don't think it's a criminal offence; he's likely to get served with an order by the council to regularise things, ie apply retrospectively for planning and building regs permission though. That could cause him serious grief... worst case scenario is that planning permission could be refused and he could be compelled to reinstate the property as it was. From a building regs viewpoint, he could be forced to rip up floors, tear down plaster etc to expose supporting beams to prove that they are adequate.

        Do you know how long ago the work was done? I believe it was more than 4 years, he may get an amnesty on the planning permission if nobody's complained; not sure about building regs but may be similar.

        By the way, any member of the public can usually go into the Planning and Building Control Offices and search the records for applications relating to any specific property. Sounds like there will be nothing on yours though!

        Originally posted by britmark
        Also where would i stand under these circumstances.
        You mean as regards being evicted? What sort of tenancy agreement do you have, and how long is it for - it all depends on that. If it's a normal Assured Shorthold Tenancy, you can be evicted without reason at the end of it anyway (subject to varying amounts of notice, depending on your situation). But if the Council were suddenly to deem the building fundamentally structurally unsafe, then I suppose all bets would be off though!

        Comment


          #5
          So basically he can just evict us for no apprent reason?

          He has got planning permission as i have found out,but it looks like he has'nt done it according to the plans.He seems to have added a extra flat on to it,which involves the flat underneath.

          So what right does the tennant have?
          mark

          Comment


            #6
            Originally posted by britmark
            So basically he can just evict us for no apprent reason?

            He has got planning permission as i have found out,but it looks like he has'nt done it according to the plans.He seems to have added a extra flat on to it,which involves the flat underneath.

            So what right does the tennant have?
            mark
            At the risk of getting boring repeating myself, the whole planning permission issue is not relevant to the fact that he's renting out the property. As I said last time, the question of whether he can evict you or not depends on the details of your tenancy agreement, about which you have still told us nothing at all.

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