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Thanks for the info . Ive had a look. Unfortunately in Islington , for planning permissions before 2005, you cant look online, they are hard copy only and have to be ordered.0
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That's poor!ANGLICANPAT wrote: »Thanks for the info . Ive had a look. Unfortunately in Islington , for planning permissions before 2005, you cant look online, they are hard copy only and have to be ordered.
Even in 2009, I was able to map-search Ceredigion for both planning and building regs approvals, and I'm sure the former went back to the mid 70s.0 -
That is a bit poor yes. I would throw in, however, that if the building predates 2005 and has no planning permission then it doesn't matter as it's mostly the case that if something has been built over 4 years with no enforcement then it can remain. Guess you'd just need proof it was built more than 4 years ago
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ANGLICANPAT wrote: »As a matter of interest , does/could this have the same effect as if a solicitor had openly approached council to check , and if no planning was in place, you then couldnt get an indemnity put in place. ie do online searches draw councils attention to look for possible discrepancies?
some of us do it as a job. you're perfectly safe. the council will never know you're looking.:D0 -
What about if it had to be ordered as before 2005, would have to be looked up, and sent out to a name and address?0
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ANGLICANPAT wrote: »What about if it had to be ordered as before 2005, would have to be looked up, and sent out to a name and address?
send it to your mum's house.
they really dont care that much. the person sending the information would not be the person that would be looking or investigating whether there was a breach of planning. alternatively, arrange to go and view the file in the council offices. it happens regularly and to the point if they expected everyone that was looking at a file was trying to hide a breach of planning control they would never get anything done.0 -
Planning contraventions are only likely to be pursued if they're significant (probably involving third party complaints) - if nobody has brought it to the council's attention within the past 11 years they're hardly likely to spring into action now (and legally they're likely to be out of time anyway).ANGLICANPAT wrote: »What about if it had to be ordered as before 2005, would have to be looked up, and sent out to a name and address?0 -
Anglicanpat, is there something particular you want help with?0
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If you ask a Council for copies of all consents relating to a particular property you can then see which ones don't exist. You are not stopping an indemnity policy being obtained.
It is only if you ask for the permission for a specific piece of work and then get told there is none that you fall into that trap.
Breaches of covenant that are more than 20 years old are unendeforcfeable. Same with planning breaches after 4-10 years (depending on the kind of breach). There is regrettably no formal period for immunity from enforcement re building reg contraventions. From a practical point of view there is a 2 year limit on the simplest kind of enforcement by a Council but theoretically they can still apply for an injunction in the County or High Court to require the removal of the work. It is the highly theretical possiblitiy of this that causes mortgage lenders to require indemnity policies for building reg contraventions.
Anyone buying in these circuymstances needs to be happy (from a surveyor's opinion) that the work is structurally OK - and bear in mind that there are thousands of properties with work done many years ago that would no way comply with modern standards, but which still stand and are considered mortgageable.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Anglicanpat, is there something particular you want help with?
Not me personally , but a close family member is in a difficult position which obviously I cant go into here , but the options are naturally something Im interested in , not to give advice, but to point a bit at things to look at closely! Those last answers have given me I think, most of what I was looking for , so thanks again everyone for the extra info .0
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