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Lack of Planning - 1995?

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Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hailstorm wrote: »
    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.

    What's also required is a change of use from commercial to residential .

    No way around this.
  • RLH33
    RLH33 Posts: 375 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thrugelmir wrote: »
    What's also required is a change of use from commercial to residential .

    No way around this.

    No this is what is unenforceable - change of use to residential is unenforceable after 4 years.

    If council tax records go back to 2002 then there will be no problems getting a certificate of lawful use. In these circumstances I would get the vendor to apply as they will be the ones with the proof, however there is nothing to stop you applying yourself. You would just use their 'proof' as it were, utility bills, council tax and stat. Declarations.
  • lincroft1710
    lincroft1710 Posts: 18,969 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    seton100 wrote: »
    The house was given a new name and effective from 2002

    Which may explain why the documentation can't be found.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Fuzzyness
    Fuzzyness Posts: 635 Forumite
    you need to submit an application to the planning department for a certificate of lawfullness of existing use. quite simple and not that costly. but you will need the previous owner to write a simple statement saying that the house was a house in 2003. you only need to demonstrate that it has been use as a house for 4 years in order for it be deemed a permitted use. the Certificate you recieve is as good as a planning permisison and should mean no prolems if you ever were to sell.
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