Can age restriction be removed?

SnowWhiterThanWhite

Hi,

My elderly parents are trying to sell a flat (which they have previously always rented out) My father originally purchased the property in 1993 when it was one house & requested planning permission to convert into flats. Planning Permission was granted, but on the condition that only over 60's could live/own property.

When my father appealed against this, it was specified that the reason for this was due to the lack of parking in the area, indicating that the Council believed that most over 60's don't drive/own a car?

Due to ill health and dwindling finances, the flat has been sold and contracts were due to be exchanged today, until the buyers solicitors came up with this problem!

I have tried to google this scenario but am unable to find anything relating to the likelihood of this condition being removed.

I have looked at the council's planning page & have found the correct form and of course the fee required (£170) to apply for the removal.

Has anyone come across this before?

marcg

It seems logical to me that this was the only way the developer could get permission for the subdivision of the house in what is probably a very central location with limited parking. Your have two hopes of getting round this:

1. That you can pay for an indemnity policy against the council ever enforcing this planning condition. This may be very expensive however.

2. That conditions have changed in the local area allowing for the restriction to be removed. In 1993 "loft living" and the reoccupation of the city centre was only just starting. Since then government policy (pushed down to local level) has been for the facilitation of denser living - ie more people per acre. As such, unless the local area is made up of single houses and there is no public transport, the chances of getting the restriction lifted are pretty good.

The way to find out about 2 is to call up the local planning department at the council anonymously and say you are interested in buying a flat on such-and-such street (the street next door) but that it has an age-restriction on it dating from 1993 and what would the council's view be on removing it. Make sure you speak to the planning officer from the team in the exact area (sometime receptionists like to be helpful and give advice they aren't entitled to give). The officer may be cagey and say "we'd need to see the details", in which case you're none the wiser, or they might be helpful and say "it's probably ok, subject to this and that and the other" in which case, it's probably ok.

Your solicitor can then accept exchange on the sale subject to planning approval. You apply for planning; if you get it, this triggers completion, if it is refused you have to refund the deposit paid on exchange. Not at all uncommon.

GDB2222

Does the condition state that it must be lived in by someone over 60, and have you always had over-60s tenants? Otherwise, you should check out certificates of lawfulness of existing use.

SnowWhiterThanWhite

GDB2222 wrote: »

Does the condition state that it must be lived in by someone over 60, and have you always had over-60s tenants? Otherwise, you should check out certificates of lawfulness of existing use.

Yes, always over 60's

gooner63_2

In this day and age.....I don't believe an over 60 is any less likely to have a car than someone under 60 !!!

sagenepal

Does the condition state that it must be lived in by someone over 60, and have you always had over-60s tenants? Otherwise, you should check out certificates of lawfulness of existing use.

Richard_Webster

It seems logical to me that this was the only way the developer could get permission for the subdivision of the house in what is probably a very central location with limited parking. Your have two hopes of getting round this:

1. That you can pay for an indemnity policy against the council ever enforcing this planning condition. This may be very expensive however.

2. That conditions have changed in the local area allowing for the restriction to be removed. In 1993 "loft living" and the reoccupation of the city centre was only just starting. Since then government policy (pushed down to local level) has been for the facilitation of denser living - ie more people per acre. As such, unless the local area is made up of single houses and there is no public transport, the chances of getting the restriction lifted are pretty good.

The way to find out about 2 is to call up the local planning department at the council anonymously and say you are interested in buying a flat on such-and-such street (the street next door) but that it has an age-restriction on it dating from 1993 and what would the council's view be on removing it. Make sure you speak to the planning officer from the team in the exact area (sometime receptionists like to be helpful and give advice they aren't entitled to give). The officer may be cagey and say "we'd need to see the details", in which case you're none the wiser, or they might be helpful and say "it's probably ok, subject to this and that and the other" in which case, it's probably ok.

Your solicitor can then accept exchange on the sale subject to planning approval. You apply for planning; if you get it, this triggers completion, if it is refused you have to refund the deposit paid on exchange. Not at all uncommon.

I agree this is a sensible way to proceed. It does depend on the local planning policies for your particular area - there is no national "law" about it.

However it does appear that Councils are now allowing developments to take place in cities with far less parking provision that previously. You would need to research what the present standards are - if your property meets those standards then the Council would have a hard job refusing! Please remember that the application process can take 6-12 weeks or more depending on whether it has to be considered by a committee or if the decision can be made by the Planning Officer. Your buyer may not be prepared to wait that long.

ILW

Richard_Webster wrote: »

I agree this is a sensible way to proceed. It does depend on the local planning policies for your particular area - there is no national "law" about it.

However it does appear that Councils are now allowing developments to take place in cities with far less parking provision that previously. You would need to research what the present standards are - if your property meets those standards then the Council would have a hard job refusing! Please remember that the application process can take 6-12 weeks or more depending on whether it has to be considered by a committee or if the decision can be made by the Planning Officer. Your buyer may not be prepared to wait that long.

If it drags on for long enough, the buyer will be over 60 and the problem is solved.

SnowWhiterThanWhite

I did try to speak to a planning officer today but was given conflicting information & advice, by the same person! Am waiting for a call back, but won't hold my breath.

Even my parents solicitors didn't offer any advice?

Having spoken to my mum, they have have always rented out to older people, apart from a period around 10 years ago, when they had a 'younger' person in, who had to be taken to small claims court for non payment of rent!

Will try & speak to someone else tomorrow to ascertain what our options are.

Thanks all

dopester

SnowWhiterThanWhite wrote: »

My elderly parents are trying to sell a flat (which they have previously always rented out) My father originally purchased the property in 1993 when it was one house & requested planning permission to convert into flats. Planning Permission was granted, but on the condition that only over 60's could live/own property.

When my father appealed against this, it was specified that the reason for this was due to the lack of parking in the area, indicating that the Council believed that most over 60's don't drive/own a car?

Due to ill health and dwindling finances, the flat has been sold and contracts were due to be exchanged today, until the buyers solicitors came up with this problem!

I've read the thread, and all the responses, but need clarification on a few things please (sorry for being dumb).

Your father bought when it was one house in 1993, got permission to convert the house into separate flats, but that came with a condition (over 60s).

Your posts suggests you are just selling one flat - not all the flats (as in what used to be the whole house).

Has your father sold on flats to any other person (over 60s) since 1993? Put another way; did your father retain only one flat or does he still own all the flats (the entire property?)

Are the current residents living there, whether renting or owning, over 60?

SnowWhiterThanWhite

dopester wrote: »

I've read the thread, and all the responses, but need clarification on a few things please (sorry for being dumb).

Your father bought when it was one house in 1993, got permission to convert the house into separate flats, but that came with a condition (over 60s).

Your posts suggests you are just selling one flat - not all the flats (as in what used to be the whole house).

Has your father sold on flats to any other person (over 60s) since 1993? Put another way; did your father retain only one flat or does he still own all the flats (the entire property?)

Are the current residents living there, whether renting or owning, over 60?

Hi, the original house was converted into two flats & have always been rented out. They now want to sell just one of the flats, the other one has a long standing tenant (60+), which will remain rented out until the tenant moves on at which point, he will sell it as well.

I have spoken to someone 'sensible' in the council today who has informed me that this is called a 'section 106', and has given me some documents which need completing in triplicate and handed in to the local planning office.

Within the immediate area of the property, there are a number of brand new flats which have gone up over the last six years or so with no such condition, (and no parking), so we are hoping that this over 60's rule will be revoked, and that we don't lose a keen buyer.