Advice needed no planning permission

Gwhiz

Tarron wrote: »

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

Solicitor will sort all this out for you,

teajug

You can apply for planning permission retrospectively, when i was working for council in 80's selling off their RtB properties a lot of council properties had not planning permission and all that was needed was an application for it to be obtained retrospectively.

http://www.stratford.gov.uk/planning/planning-490.cfm

Tarron

Thank you for the info, very reasurring

Tarron

Took the advice and my partner contacted his soliciter who advises against taking out Indemity Insurance on the basis he wouldnt get insurance. It has also come to light his present soliciter is the same one who he used to buy the problem propety 15 years ago. When asked why these issues have only just come to light the soliciter can not give any answers.

Now totally confused as what to do next, any advice much appreciated.

Thank you
Tarron

Amanita_2

I'd use a different solicitor

RLH33

As the house is a listed building the main problem is the lack of Listed Building Consent and not planning permission.

Carrying out unauthorised alterations to a listed building is a criminal offence and has no expiry period.

That said the number of people who get prosecuted is relatively small and is reserved for those who wantonly destroy listed buildings in the knowledge that they need permission for what they are doing, and wouldn't get it.

First thing I would do is check when the building was actually listed, if it was converted before it was listed then there is no problem. You say your partner bought it 15 years ago and it was converted already so there is a possibility that it was unlisted when the conversion took place.

If you can't get an indemnity policy and the buyers are kicking up a fuss I think your only option is to contact the Council and see what they say. They may take a dim view on what has happened but, with budgets what they are and with overstretched enforcement officers, I doubt they will suddenly start legal proceedings. In all probability they will say it was a long time ago, what's done is done. In this case you could then push them to write to you explaining the Council's view on what has happened and whether or not they intend to take enforcement action. Such a letter may be enough to allay the fears of the buyer.

In the City where I work/live, we have one of the highest numbers of listed buildings in the UK and I know of one that has fake cladding a la Jack and Vera on Coronation Street, and nothing has been done about that

Tarron

Thank you very much for all of help will contact the coucil asap

tarron

antrobus

G_M wrote: »

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

RLH33 wrote: »

As the house is a listed building the main problem is the lack of Listed Building Consent and not planning permission. Carrying out unauthorised alterations to a listed building is a criminal offence and has no expiry period.

That is, as you might put it, what I didn't know, although I suspected that listed buildings might well be in a special category of their own.

So we have here the case of somebody who purchased a listed property 15 years ago, but has now discovered that a previous owner has carried out some unauthorised alterations. Given that they a) did not carry out the alterations themselves, and b) employed a professionally qualified solicitor to deal with the purchase of the property who then failed to notice that this was the case, I would say that the current owner has nothing to fear from any criminal proceedings.

There is however obviously a risk that the planning authority might become aware of the situation and take action, whilst it is probably something like a certainty that any prospective purchaser will either a) run a mile when they find out, or b) demand a whopping big discount off the asking price.

I think a previous poster has got it right. They need a new solicitor, one who is prepared (if necessary) to commence action against the old one for professional negligence. And if you're trying to sell it and can't get insurance, then yes, confessing all to the Council is the only way forward.