Flats purchased but no p/permission; dispute with landlord

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

    #16
    Seen The Light!!

    Thanks for your kind words.... so it seems: problem solved!! Some of the flats have a lawful C3 (yes, residential) use and the others would probably get planning permission, if you wanted to apply... you could otherwise just wait and see what happens over the next 2 yrs for the remaining flats - just make sure you've got all the evidence...

    Best of luck with it......

    PETER

    Comment


      #17
      there IS in fact, a time bar on enforcement action, which is 4 years for a self-contained residential use and 10 years for all other uses and building operations... Only listed building enforcement actions have no time limit...
      Peter is correct, and I was wrong, however my advice remains the same. Talk to the local authority. In addition it may be that the works required, and did not get, building regulations consent. You should check that out too. There is no time bar on enforcement action under the Building Act and the local authorities are more likely to enforce for breaches of the building regulations.

      Do you have an interest in the shop as well?
      NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

      Comment


        #18
        Yes!

        Yes, a good point on building regs...!! I think that before any Council approach or whatever action the precise planning and usage history should be assembled... then a more informed action or set of actions will ensue... PETER

        Comment


          #19
          once again thank you for your superb posts.

          from what i gather 2 of the flats will have passed the enforcment period and the other 4 will pass the enforcement period in approx 2 to 2.5 years. i spoke to my brother today who says the solicitor said to him that the plans had no north sign on them (the sign that shows north south east west on it) therefore he thinks there was a problem with the planning permission. the soloicitor said there has to be a compass type picture (or sighn) drawn on the plans otherwise they are incomplete.

          would this be an issue if there was no compass sighn and would this effect planning permission and the sale of the properties in the future?

          Comment


            #20
            confused

            "In addition it may be that the works required, and did not get, building regulations consent. You should check that out too. There is no time bar on enforcement action under the Building Act and the local authorities are more likely to enforce for breaches of the building regulations."



            i am slightly confused do you mean

            1) if there was no planning permission granted but building regs met, then after 4 years the councill could not enforce?

            2)if there was no planning permission granted and building regs NOT met, then after 4 or more years the council COULD/WOULD enforce still?

            Comment


              #21
              Next steps

              You should have enough good advice to go on now...It seems to me that if you are still unsure you should take on a good planning consultant for the planning issues and a building surveyor for the build regs...!!!

              Good luck with it!!!

              PETER

              Comment


                #22
                i am slightly confused do you mean

                1) if there was no planning permission granted but building regs met, then after 4 years the councill could not enforce?

                2)if there was no planning permission granted and building regs NOT met, then after 4 or more years the council COULD/WOULD enforce still?
                No, I mean that planning permission and building regulations consent are two different things. No matter what the planning situation is, infringement of the building regulations can result in enforcement action and there is no time limit on such action.
                NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

                Comment

                Latest Activity

                Collapse

                Working...
                X