Enforcement order

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    Enforcement order

    Hi all, wondering if anyone can help me?

    I bought a house in 2008 that was converted into 6 studio flats in 2002 but I bought it as a house, I then in 2010 received a letter from the council informing me that it has an enforcement order on it to convert back to a house! The previous owner applied for retrospective planning and was declined.

    The enforcement order was dated at the end of 2002 so is this still valid after the fact that the council never acted on it and the property was never changed back from the 6 flats?

    Any help really appreciated.

    #2
    property was never changed back from the 6 flats?
    So it was physically set up as six flats when you bought it. Why did you buy it then?

    The enforcement notice would have shown up on the local search and your solicitor should have told you about it.

    Did you tell him it was still six flats?

    You are the person that bought it with an enforcement notice on it so you are stuck with converting it back. If you don't then you can be prosecuted.
    RICHARD WEBSTER

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

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      #3
      It could be that there was always a valid enforcement notice in place...I think your best next step is to get a good planning consultant on board, to see if there are wnay ways aorund this. Contact me - link below - for a chat or google the RTPI. Where are you based?

      PETER

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        #4
        Thanks for the response,
        I was under the impression that because it had been running for more than four years it could stay.

        My main query is that is an enforcement order still valid being the property was not converted back to a house when it was issued, is there not a time limit as to when action has to be taken after the notice was issued ie after 6 months or 1 year?

        Many thanks

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          #5
          The enforcement action has to be taken within 4 or 10 years. If it isn't then the development stands. As the notice was served within 12-months then then it stands.
          There is always scope for misinterpretation.

          If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

          Everyday is an opportunity to learn something new.

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            #6
            Hi, thanks but is that the usual rule of 4 years from conversion or four years from the date of the enforcement notice was issued?
            Many thanks

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              #7
              Enforcement action must be taken within 4 or 10 years of the development. As it was taken within 12-months of the development then the notice stands.

              I'd go back to who ever did the conveyencing and ask why it wasn't picked up as part of the Local Authority Searches.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment

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