local occupancy

Sammy85_2

Running_Horse wrote: »

Looking at properties on Rightmove in the Lake District, it seems to be standard to mention any local occupancy clause in the details, and you can usually guess before clicking on the house, by the low price. I doubt it can be lifted, so either you live with it, or pay more for a house not affected. If they said no occupancy conditions, then you should be reporting them under the misdescriptions act.

I can confirm that, plenty of houses up here with local clauses. Generally you have to be a resident in Cumbria for 3 years before you can purchase one of these houses, some have tighter requirements. All the ones i have seen have had this clearly stated in the brochures.

equus

Also live in Cumbria and agree many houses have the restriction. There have however been some houses which, if within the national park, after failing to sell for a number of years have had the restriction lifted. If you check the Lake District National Park website, the Plannine section, you can search the address of the property and see if there have been any changes to the restrictions. Agents in the Lake District will do anything to sell at inflated prices to second homers and/or non-local buyers so missing a vital piece of information on the details does not come as a surprise!

saverjustice

If it isn't an 'affordable' S106 it isn't enforceable and is therefore illegal.

evanowen

I remove these Section 106 agreements when they are 'fatally flawed', most of them are unenforceable and easily removed if you know how.

evanowen

I can see why you have reacted the way you did but I have been on here for a long time in various guises.

Join Date: Nov 2009

If you had a Section 106 I'm sure you would want some help.

lcouldry

I have recently had my property valued at £430-450k however with the 106 local occupancy clause this has been devalued to £280-300k
The house obviously does not fit into the affordable housing bracket (typically £200k in my area) and we feel this clause should never have been attached to our property in the firsrt place.

Could you advise whether you think this is 'fatally flawed', and would be easily removed and if so how do we go about this???

evanowen

It is possible to remove any local occupancy restriction but I would need to read the paperwork first in order to give an opinion on how long it would take, planning authorities don't like me very much although I can't work out why :rotfl:

I've seen £900,000 houses in the Lake District with 'local occupancy restriction' in the conditions, BONKERS!!! I'm about to start on my first in that area and have five on the go in Yorkshire Dales National Park.

If anyone is told they must sign a Section 106 or a planning condition says this or that please don't do it, seek advice. The planners should take a look at fag packets and place a HEALTH WARNING on what they try to get away with which in many cases is UNLAWFUL.

debbie763

Hi just been reading this thread as we are having trouble with S106 we live in a village and rent our house from a housing association, we want to do a mutual exchange with another tenant from a different county but our house has a S106 on it a feel it may stop us from exchanging due to the other party not having a strong local connection. Are these set in stone ? It was put in place in 1996 How easy is it to get these lifted? Both parties are key workers and are wanting to move due to work (although employment has not been found yet)

We now have the S106 relevant to our house and are thinking of getting a solicitor to read through it - is this a good idea?? before we waste any money ?? Thanks

evanowen

All agreements need to be studied before any comment can be made.

IMHO they are all useless because the people who draft them have no idea what they are doing but you never can tell, sometimes they do a proper job but to date that has been a rare event.

Oh, I forgot to mention that 99% of private lawyers are as clueless as the public sector lawyers who drew the agreement up!

Debt_Free_Chick

Details of the different types of local occupancy conditions that exist in Cumbria (South Lakeland) here

Google should find similar in other areas