Planning enforcement notice during purchase of property

E7residenttobe

PasturesNew said:

Did you also check if they had freeholder permission?  I've seen ground floor flats extended and above have got a patio up there and I always think "I wonder if they have permission for that"

Freeholder is missing for many years now.

eddddy

E7residenttobe said:
...and even worst the seller is an architect so he knew all of this!

If the seller is an architect, I suspect he didn't apply for planning consent because he knew it wouldn't be granted.

FWIW, I came across somebody who was selling a flat with an 'illegal' roof terrace. The seller told prospective buyers it was illegal, and so they should keep quiet about it, and there was a risk of getting an enforcement notice (so they should make their offer on that basis).

Davesnave

E7residenttobe said:

Slithery said:

E7residenttobe said:

...we asked the council to confirm if there is any issues with it and they seem to have put forward a planning enforcement as it turns out there out the current seller doesn't have planning permission which we expected it.

Well that wasn't a very good idea, now you can't buy indemnity insurance to cover yourself against any action from the council.

 It's always a good idea to do things legally and respect the law no matter if you are seller, buyer, solicitor, neighbour etc. Rules exist so they can keep us all safe and in line (most of the time )

Be careful with the 'always' word. One of the vagaries of English planning law that certain transgressions are actually rewarded, if one is able to get away with them for long enough. That's all part of the rules too!