Victorian house - Enforcement notice lapsed?

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    Victorian house - Enforcement notice lapsed?

    Hi all

    I'm about to buy a terraced 3-bed property in London, which the previous owner tried to convert into two flats.

    In 2008 the Council issued an Enforcement Notice regarding "material change of use of the land from use as a single residential dwelling house to use as 2 self-contained residential flats". But there is no record of whether the Notice was complied with.

    Having viewed the property and had a survey, it is now one single unit again: one entrance, and only real evidence remaining is two electricity meters, and that the downstairs WC also has a bathtub. The surveyor highlighted that there was a kitchen upstairs previously, but it has now been removed.

    Does this mean I have nothing to worry about? Also, do Enforcement Notices lapse? This one is now 6 years old.

    Best

    K

    #2
    Enforcement notices do not elapse.

    They are either complied with or court action can follow non compliance.

    The enforcement notice would have contained a section that stated what was required to resolve the breach of planning control.

    It is most probable that it was to return the dwelling to use as a single dwelling, which would explain why that is the current situation.

    That would mean that the enforcement notice was complied with and is no longer relevant.

    If the property had remained as two dwellings after the enforcement notice period for compliance had elapsed, the Council could have begun court proceedings whereby the property owner would heve been liable for serious fines.

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