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Occupancy Restriction?

shep121
Posts: 1 Newbie
Hello,
Could someone please explain what 'Occupancy Restriction' means on buying an ex council house. I am hoping to buy the house from my brother who purchased the house from the council around 20 years ago. This has come up on the valuation maybe a possible occupancy restriction to which the bank will not lend the money if so!!!
Thanks in advance
Could someone please explain what 'Occupancy Restriction' means on buying an ex council house. I am hoping to buy the house from my brother who purchased the house from the council around 20 years ago. This has come up on the valuation maybe a possible occupancy restriction to which the bank will not lend the money if so!!!
Thanks in advance
0
Comments
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If it's ex-local authority, probably a local occupancy condition. In other words, it can only be lived in by those who have resided in the local area, whatever that's deemed to be, for a certain number of years, usually a minimum of 3.
Local homes for local people and all that.
Mortgage may not be a total no-no, but not at normal rates....and would you qualify?0 -
Is it a rural location? In rural areas some properties are given planning permission with a condition thatey can only be occupied by people working in agriculture or forestry.
This may be the case here.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
Is it a rural location? In rural areas some properties are given planning permission with a condition thatey can only be occupied by people working in agriculture or forestry.
This may be the case here.
Unlikely as the OP said "Council house."
There are council farms, but that's somewhat different from just a house.
So far as I'm aware, places with agricultural restrictions were/are privately built, typically in places outside normal development boundaries. Council houses that carry the local occupancy condition are similar in the sense that the restriction is intended to prevent outsiders renting or buying them in areas where demand is high, such as in National Parks and ANOBs.
Edit: GM is right, the property's title will state what the restriction is and how it applies.0 -
Strange one and not something I have come across before.
Mentions it came up on 'valuation' so more precise details around who is restricting what as I doubt if it is registered a a 'restriction' as such on the register itself.
The only restriction around occupancy re council houses tends to be new build for local people as imposed by the housing association.
We are talking about an ex-council house as privately owned for last 20 years?“Official Company Representative
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You will not get the information from the Land Registry Title but from the Planning Permission for the property - speak to the Local Planning Authority and sk for a copy0
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You will not get the information from the Land Registry Title but from the Planning Permission for the property - speak to the Local Planning Authority and sk for a copy
This might be the case - but much more likely the restriction was imposed in the conveyance or transfer deed when the Council first sold the house to ensure that only locals bought it in the future.
So I have seen a restriction that says that a house can only be sold to someone who has lived in the County of Devon for the past three 3 years. it was worth around 70% of the value of a similar house without the restriction.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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