Possibly forced to undo conversion of house to flats?

Demeisen

I'm a 50% freeholder of of a terraced house that's been converted into two flats. I also own a long leasehold on the downstairs flat (where I live). The other 50% freeholder owns the leasehold of the upstairs flat.

The conversion was done less than 10 years ago by a third party who no longer has an interest in the property. Planning permission was not obtained.

If the council decide that the conversion must be undone, what is my status with regard to the flat/house?

- is it likely that the council will demand this? Its within 10 years which seems to be the cut-off for a change of purpose for a single dwelling

- presumably the leaseholds would become invalid? Would we each just own 50% of a single house? If so, how might we move forward?

G_M

Presumably the leases would become void when the property was re-converted to a single dwelling.

You would each remain joint owners of the freehold.

What makes you ask? Now? Surely the time to ask would have been when you purchased? Has something recently happened to concern you?

Demeisen

The absence of planning permission didn't come up when it was purchased... in retrospect I should have done more to investigate, but its too late now.

My understanding is that the planning department might be investigating, so I'm just wondering where I would end up.

It seems like 1 of us (the two freeholders) would need to buy out the other one, as I can't see anyone wanting to buy into the situation. Bu then I'm not sure how that would be valued. Or, if I didn't want to move out, could the other 50% freeholder oblige me too?

It seems like a weird position to end up in.

Browntoa

its more likely they will allow retrospective planning but it may involve revealing RSJ's for inspection , getting structural surveys etc . Possible changes to comply with regs at that time (don't let them try and apply current regs , the relevant ones for that time suffice )

davidmcn

The leases don't become invalid just because there's a breach of planning.

Doozergirl

Browntoa wrote: »

its more likely they will allow retrospective planning but it may involve revealing RSJ's for inspection , getting structural surveys etc . Possible changes to comply with regs at that time (don't let them try and apply current regs , the relevant ones for that time suffice )

Planning Permission and Building Control are separate things. Provided the building isn't Listed or in a designated area, the OP can apply for a certificate of lawful development. They'll have to produce proof that the conversion has existed for four years. I guess the flats have separate council tax bandings? That will be perfect. The planning authority cannot enforce any undoing of the work.

Building Control - the structure etc is a different matter and it's possible, though doubtful, that there is sign off. If there is not, then it is down to any future buyer and their mortgage company as to whether they will accept a conversion without regs. There are plenty of horrendous conversions that never needed to comply with anything much at all as they predate the current system.

The OP can have it surveyed to see if it might comply and be regularised, but a correct conversion is very expensive and if it hasn't already been signed off, I don't think it would be.

The risk of enforcement is very low.

Fuzzyness

use as a dwelling house (or in your case flat) is immune from enforcement action after years. As such, if the Council were minded to do anything they would probably back down if you could demonstrate that the flats have been used as flats for more than four years, which it sounds like you should be able to prove. if you are still worried, you can always apply for a certificate of lawfulness of existing use, which will effectively regularize the use of the flats and confirm that the use is permitted and that no enforcement action can be taken by the Council.