Lack of Planning - 1995?

seton100

We are in the process of purchasing a house and we know that it was once a former mechanic motor garage, dating back 150 years ago.

At some point it became a residential dwelling but I am unable to locate any paperwork. My solicitor says nothing has come up in the searches, my vendor says nothing came up when she purchased the property and I have even managed to locate the owner prior to her, who purchased it in 2003, and he told me it was a residential home when they purchased it and doesn't know of anything, they just did internal improvements.

The only date that I have is around 1995 as we have been given a certificate to show the oil tanks were safely filled so I assume this is when the conversation took place.

I have contacted the council and they have no records.

My concern is that if we go ahead then will the council come along and tell us to convert it back.

Is there any chance of this happening?

nomoneytoday

Can you buy an indemnity? or get a Stat Dec ?

ValHaller

nomoneytoday wrote: »

Can you buy an indemnity?

Too late - OP has contacted the council - and had he come here first, he would have been advised not to for this very reason.

RLH33

If the conversion took place in 1995 then it is completely unenforceable so if the council did come knocking they wouldn't be able to take action against you.

I would not get an indemnity even if you could, I would ask the vendors to apply for a certificate of lawful use and provide info showing the site has been in residential use for the last four years. This would be very easy using council tax bills, electricity bills, statutory declarations from owners/neighbours etc. as evidence. Then from your point of view it is sorted, completely - no awkward questions when you one to sell, you can just produce the certificate, well it would show up on searches anyway!

seton100

RLH33 wrote: »

If the conversion took place in 1995 then it is completely unenforceable so if the council did come knocking they wouldn't be able to take action against you.

I would not get an indemnity even if you could, I would ask the vendors to apply for a certificate of lawful use and provide info showing the site has been in residential use for the last four years. This would be very easy using council tax bills, electricity bills, statutory declarations from owners/neighbours etc. as evidence. Then from your point of view it is sorted, completely - no awkward questions when you one to sell, you can just produce the certificate, well it would show up on searches anyway!

Thank you. Who does the vendor apply to for this cert of lawful use?

By the way Rightmove has two records if sale, 2011 and 2003

lincroft1710

It is extremely doubtful if the property was a garage 150 years ago, as garages didn't really exist until early 1900s. The council have clearly known it as a dwelling and if you check the Council Tax band on the VOA website, the property has probably been a dwelling since pre 1993.

BTW I cannot imagine any council wanting a house converted back to a repair garage, in most urban situations it is quite the reverse, garages are converted to houses, or houses are built on the site of demolished garages.

seton100

Thank you. I have checked the council tax banding and its been effective since 2012 so does that prove its been residential since then?

lincroft1710

seton100 wrote: »

Thank you. I have checked the council tax banding and its been effective since 2012 so does that prove its been residential since then?

Check the history of the banding, effective since 2012 suggests it may have only recently been converted. However, it may have been reduced or the property split into two dwellings, or two dwellings merged into one. But if either of the latter has happened there should be some form of planning permission or building regs.

seton100

lincroft1710 wrote: »

Check the history of the banding, effective since 2012 suggests it may have only recently been converted. However, it may have been reduced or the property split into two dwellings, or two dwellings merged into one. But if either of the latter has happened there should be some form of planning permission or building regs.

Sorry,, I meant 2002. The original listing as the garage is marked as deleted. The house was given a new name and effective from 2002

Hailstorm

Once it has been in place for 4 years no action can be taken for not having planning permission.

The important thing is that you have proof that it has been more than 4 years. Your mortgage company will want this.

seton100

Hailstorm wrote: »

The important thing is that you have proof that it has been more than 4 years. Your mortgage company will want this.

Are you referring to proof in that its been on the VOA website with its new name since 2002?