Breach of Condition Notice on a house purchase?

McP85

Long time lurker and first time poster...

We're in the process of buying a repossessed property, all of the searches have been completed and mortgage offer due to come through any day. Our Solicitors have emailed today though to advise us that in the Local Authority Search a 'Breach of Condition Notice' is listed.

They've advised that they have asked the seller's solicitors to remove or reassure that there is no ongoing liability in respect of the entry, but they're not responding on this matter. Our Sols advice was if they don't respond, to withdraw our offer...

Has anyone encountered this previously? I know it's not as straightforward with it being a repossession, but is it possible to get a BCN removed (and how)?!

davidmcn

What is the notice about? It's not likely to be lifted if the council isn't yet satisfied about the subject matter.

Hoploz

What condition has been breached? Could it be they had planning permission granted for work which had a condition attached (such as an annex to be used only for x purpose, or no additonal windows to be added afterwards) and this has been breached? It could be something straightforward to change back,or might not be. You (or your solicitor) need to find out from the council what this refers to. It could be anything.

McP85

thanks for the replies!

Our solicitor is insisting that the vendor's solicitors deal with this, who have also in turn advised that as the property is a repossession it is 'sold as seen', so are refusing the contact the Local Authority to resolve this...

They have told us not to contact the council, and that they won't approach them either as it may prevent the seller being able to resolve the matter in the future.

The property is less than 10 years old, there haven't been any extensions or applications for planning permission, so we're unsure what it can be?

smcqis

I would contact the Council, I wouldnt be buying any house without knowing what it is. It may be satisfied and no longer a current case but The Council wont remove it if there is a rick it can 'resume'

Browntoa

you will become "person responsible"


http://planningguidance.communities.gov.uk/blog/guidance/ensuring-effective-enforcement/breach-of-condition-notice/


What happens if a breach of condition notice is not fully complied with?

Following the end of the period for compliance, a “person responsible” who has not ensured full compliance with the conditions and any specified steps, will be in breach of the notice and guilty of an offence Section 187A(8) and (9) of the Town and Country Planning Act 1990. Summary prosecution can be brought in the Magistrates’ Court for the offence of contravening a breach of condition notice.

McP85

I have contacted the council by email, will be chasing them up today to try and get some information out of them.

Our solicitors are now saying that they are returning the contract as there is nothing else they can do!

The EA is trying her best to see whether she can also get the information from the council so that the purchase can go ahead...

Fuzzyness

ultimately if there is a breach of condition notice on the property you either need to discharge the planning condition or seek to have it varied or deleted. both will take time and you'll need someone who knows what they are doing to do it.

post up what the breach is when you know and on that basis we should be able to say how serious it is or what would be needed to rectify it. either way, i'd be inclined to let the current owner sort it out.

Richard_Webster

It could be that the previous owner was using the building for a purpose that OP has no intention of carrying on, e.g. change of use to a nursery for growing cannabis in breach of a condition only to use as residence.

Or something easy to rectify - put frosted glass in a particular window to prevent overlooking as required by a condition

Repo sellers don't go into details but can hardly complain if you see to find out what they are.

McP85

I have an appointment at the council today so will try and find out exactly what it is.

I do understand the repo company's position - they've already lost money on the property so why pay out more, but it's difficult to see how they would ever sell the property without rectifying this!

Keep_pedalling

McP85 wrote: »

I have an appointment at the council today so will try and find out exactly what it is.

I do understand the repo company's position - they've already lost money on the property so why pay out more, but it's difficult to see how they would ever sell the property without rectifying this!

And surely They are currently the person responsible, so I would have thought in in their best interest to know what they could be reliable for if they fail to sell and to rectify.

Hope all goes well today.