Daughters new home breach of planning permission dilemma.

AbstractWool

My daughter and her two neighbours came home to letters from the local council telling them that their houses breach planning permission.

My daughter moved into her brand new Miller home a year ago last January.

The letter says that planning permission was breached as their doors should be level with the pavement, also something about the front garden breaching planning permission too. My daughter has 4 steps up to her front door.

She has a questionnaire to return to the council within 21 days, if she doesnt return it she will be fined.

I have told her not to worry as she bought the house in good faith from the builders. But does anybody know what might happen now?

Thanks for any advice.

evoke

I would say the house builders are liable. I would ask her to go back to her solicitor (let me guess - was it one recommended by the house builders?) and let them handle it.

iamcornholio

AbstractWool wrote: »

She has a questionnaire to return to the council within 21 days, if she doesnt return it she will be fined.

No she wont be fined. There is no mechanism for fining anyone for not replying to the council.

Ultimately the home owner is responsible for any planning breaches. And if it comes to it, your daughter will have to sue the builders.

In context, the council will [can] only take enforcement action if it is the public interest to do so. A door not level with the pavement is not really a big issue - but if the whole house is too high then that may be. As for the garden - it will depend on the facts

I'd caution about replying to the councils questions, as this could potentially give them more ammunition. Obviously it may be wise to cooperate, but get some advice as to what to say and what not to say. It is possible to just answer basic questions and not others, or just give certain information.

Refer to the conveyance Solicitor or see if the house insurance has some legal helpline.

Whether its worth contacting the builders yet is unknown. They may be helpful or may just be defensive

You may want to find out from the council just how big an issue it is first

Snuggles

Hi, something similar happened to me just after I'd exchanged contracts on my new build home. Basically, the council got in touch to say that the house had been built too close to the house behind.

I was very worried, but it was all fine. Neither myself nor the developers (Barratts) were held liable for this - it was the council themselves, as they had signed off the development (or something like that!).

Basically, the council compensated the people who live behind my house, erected trellis on their fence and planted some trees to give them privacy.

Obviously it's a different situation, but I hope your daughter gets the issue resolved without too much hassle.

welda

Would itt not be fair to say council are to blame too, as council planning/building control dept should inspect completed property prior to signing off as fit for purpose?

iamcornholio

welda wrote: »

Would itt not be fair to say council are to blame too, as council planning/building control dept should inspect completed property prior to signing off as fit for purpose?

No. The planning dept have no obligation to check the work is built to the approved plan.

The onus is on the builder/landowner to build it to the approved drawings

Building control is different .... their completion check is to do with proper safe construction and not whether it has been built few inches more in one direction

welda

Then why would they know there has been an error? I could also say, why do we bother with these non producing departments if they do not monitor building progress?

I can say when I built an extension years ago at a previous property, appropriate dept was over a few times to inspect, where I am now, same, but mostly to do with listed building side of work being done. I'm Scotland based but, imagine regs are same/similar uk wide?

:beer:

evoke

Just a thought, as it's a new build, would the 10-year NHBC guarantee not cover this sort of thing?

Snuggles

iamcornholio wrote: »

No. The planning dept have no obligation to check the work is built to the approved plan.

The onus is on the builder/landowner to build it to the approved drawings

That's what I thought too, and I was very surprised when it turned out that the council were liable in my case, rather than the developer.

welda

iamcornholio wrote: »

Building control is different .... their completion check is to do with proper safe construction and not whether it has been built few inches more in one direction

I woulld have thought this gross error would have jumped out at BC officers, new build require wheel chair access, do they not, or perhaps there is another access door wihich faclitates wheel chair access?

I'm certainly no building expert, repeating myself, it is not fair to say who signs off fit for purpose is ultimatley responsible???

Regards....