'illegal' mock-Tudor castle he tried to hide behind 40ft hay bales

seven-day-weekend

SilverStandard wrote: »

Sorry if its been asked before but, can you sell a house thats been built ilegally but that successfully has a lawful development certificate?

Say Mr Fidler was/is successful and got/gets his LDC could he sell his castle? Would the new buyer be allowed to live there?

Once it has been declared lawful, yes.

RDB

SilverStandard wrote: »

Sorry if its been asked before but, can you sell a house thats been built ilegally but that successfully has a lawful development certificate?

Say Mr Fidler was/is successful and got/gets his LDC could he sell his castle? Would the new buyer be allowed to live there?

As was discussed on the other thread, you will have trouble with the HIP.

They need to put in the report that it was built illegaly and now you have a lawful development cert. That doesnt mean you cant sell it but I think it will be reflected in the price.

harryhound

Which other thread is that?

RDB

harryhound wrote: »

Which other thread is that?

Sorry it was another forum, not MSE.

This bloke has just built a place in Scotland without telling anybody, he is claiming he lived there almost 4 yrs and soon will try and get lawful development.

He hasnt really been living there he has been out of the country, but all his post get delivered there, he says its ok to have `long holidays`.

Is there an amount of time you can be away from it and still claim to have lived there as your official residence?

Say if Mr Fidler went on long holidays would they be able to turn him down on those grounds that he wasnt really living there the full 4 years?

sabretoothtigger

can you sell a house thats been built ilegally

Cant get a mortgage on a property without planning permission for all current features of that house/land afaik

RDB

sabretoothtigger wrote: »

Cant get a mortgage on a property without planning permission for all current features of that house/land afaik

Once you have the lawful development certificate you have your permission. You can then sell it to someone who could get a mortgage.

Getting the certificate in the first place is the hard part.

Perhaps some planning officers on here could answer this :

One place I am interested in is very cheap because someone built a lovely house but without telling anyone. They tried to get lawful development but got refused.

The refusal was over flooding, and he`s already built a bund so it wont flood again. It doesn`t look to me like it`s ever flooded. I think it`s just technically in the wrong place. The only chance I see is for a certificate of lawful development after another 4 years?. But there is a big question I havnt found answers too yet. Would it apply if they have already said to the previous owner it is unlawful? They MIGHT leave you alone to live in the house after that, but you could never sell or let it, so it doesn?t have any real value.

Dinah93

RDB wrote: »

Perhaps some planning officers on here could answer this :

One place I am interested in is very cheap because someone built a lovely house but without telling anyone. They tried to get lawful development but got refused.

The refusal was over flooding, and he`s already built a bund so it wont flood again. It doesn`t look to me like it`s ever flooded. I think it`s just technically in the wrong place. The only chance I see is for a certificate of lawful development after another 4 years?. But there is a big question I havnt found answers too yet. Would it apply if they have already said to the previous owner it is unlawful? They MIGHT leave you alone to live in the house after that, but you could never sell or let it, so it doesn?t have any real value.

If they have refused a certificate of lawful development the likelyhood is they are now pursuing enforcement action against the property. In addition if the property was built on agricultural land, its 10 years, not 4, as you need to also apply for change of use of the land to residential. If they are taking action against the property the countdown to the 4/10 years is effectively stopped, until the enforcement/court case is determined. If its on a flood plane to an extent where pp was refused it is also uninsurable.

RDB wrote: »

Sorry it was another forum, not MSE.

This bloke has just built a place in Scotland without telling anybody, he is claiming he lived there almost 4 yrs and soon will try and get lawful development.

He hasnt really been living there he has been out of the country, but all his post get delivered there, he says its ok to have `long holidays`.

Is there an amount of time you can be away from it and still claim to have lived there as your official residence?

Say if Mr Fidler went on long holidays would they be able to turn him down on those grounds that he wasnt really living there the full 4 years?

You need to have 4/10 years of continous occupation. As little as 6 days between tennants has been enough to start the 10 year continuous occupation rule again. If it can be proved he was living abroad, he's on a complete hiding to nothing.

RDB

Dinah93 wrote: »

If they have refused a certificate of lawful development the likelyhood is they are now pursuing enforcement action against the property. In addition if the property was built on agricultural land, its 10 years, not 4, as you need to also apply for change of use of the land to residential. If they are taking action against the property the countdown to the 4/10 years is effectively stopped, until the enforcement/court case is determined. If its on a flood plane to an extent where pp was refused it is also uninsurable.



You need to have 4/10 years of continous occupation. As little as 6 days between tennants has been enough to start the 10 year continuous occupation rule again. If it can be proved he was living abroad, he's on a complete hiding to nothing.

The building in question is very old, it has been empty for decades and someone recently spent a lot doing it up. They lived there a while but never got permission they were found out and have left, now selling it really cheap.

There are othere out buildings round this old house, I wondered about living in one of those for 4 years, then trying for lawful development on this one instead. There is nothing stoping you using the house as well..

So is it 4 years if its not agricultural land?

It is very cheap now, I am thinking about putting an offer in. Then trying to live there for 4 years sometime in the future applying for Lawful development.

Are there any good books or websites or other places to get good info on lawful development certificates?

Dinah93

I'd look at the development control practice website for planning case law, I think they offer a 7 day trial subscription. What was the building used as though? If it was not a residential property that fell into disrepair ie if it was a barn or storage building, it's still 10 years as it is change of use of the building.

RDB

Dinah93 wrote: »

I'd look at the development control practice website for planning case law, I think they offer a 7 day trial subscription. What was the building used as though? If it was not a residential property that fell into disrepair ie if it was a barn or storage building, it's still 10 years as it is change of use of the building.

It was a residential property up 1970`s then emtpy for yrs then someone bought it spent loads doing it up, but now not allowed to live there. Lawful development was refused because of area prone to flooding.

My idea is to try and lawful development on another build close to it.

If they will accept my low offer that is