Advice needed no planning permission

Tarron

Can anybody please advice??

My partner bought a cottage over 15 years ago and has just put it on the market to sell. His soliciter has just informed him that his house was converted without planning permission, formely two houses knocked into one and part of the house is a listed building the work that has been done is not in occordance with listed building regulations, all before he bought the propety.

My partner had a survey and all the required searches when he bought the propety.

Can the council enforce any actions with the veiw to restoring the propety into two cottages or change windows etc.

Will he still be able to sell the propety as we are buying a house together.

Many many thanks

Tarron

GDB2222

McKneff wrote: »

He really needs to speak to the planning dept at the council for clarity.

I wouldnt think you'd be able to sell it now till its sorted and you would obviously have to declare it.

Noooooooooooooooooooooo! Don't do that. Get advice from your solicitor first. The last thing you want to do is stir up an hornet's nest.

G_M

Do NOT speak to the council.

One option may be to buy an indemnity insurance policy to give a buyer, in case th council enforce action against that buyer in the future.

However, by alerting the council you will immediately render any existing, or future, indemnity policy invalid.

Get specialist advice from your solicitor (NOT a cheap conveyancer).

GDB2222

Umm, snap!

McKneff

Sorry guys, Ive deleted my post, I thought it was a case of honesty is the best policy at the time but now Ive seen your posts
its not the case.:o

antrobus

G_M wrote: »

Do NOT speak to the council.

One option may be to buy an indemnity insurance policy to give a buyer, in case th council enforce action against that buyer in the future.

However, by alerting the council you will immediately render any existing, or future, indemnity policy invalid.

Get specialist advice from your solicitor (NOT a cheap conveyancer).

Agreed.

And ask the solictor about the Four Year Rule and the Ten Year Rule. Unless there is some specific rule regarding listed buildings, I don't believe that there is anything that the planning authority can do about it now.

G_M

Using Enforcement action



It is important to note that enforcement action cannot be taken against some breaches of planning control within the time limits set out in the Town and Country Planning Act 1990. These are:

• four years from the main completion of a building or other operational development and for the change of use of any building to create dwelling house
• ten years for all other breaches - for example, changes of use of land or buildings and breaches of conditions including breach of occupancy conditions attached to dwellings such as for holiday use only, or agricultural tie.

There is no time limit for taking action in the case of a listed building.


From here.

Tarron

Thank you for all of the advice, and will contact a specialist soliciter as the listed building laws seem a complete minefield

IanIan

I wonder if you maight have a claim for negligence against the lawyer used when purchasing the property 15 years ago?

Tarron

Thankyou for your advice, we also wondered the same. Should my partner buy indeminity insurance asap, will this type of insurance give him any protection from possible enforcment actions?

Any advise appreciated

Thanks

Tarron

Tarron

Thank you we also wondered if the mess is down to the lawyer empolyed to buy the house. Should my partner but Indemnity Insurance ASAP and does he arrange this through his soliciter.

Thank you
Tarron