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Decking installed on the patio illegally prior our purchase
RitaTakacsF
Posts: 12 Forumite
Hi I'm wondering if any of you can help me.
We purchased our flat (leasehold) in Basildon - Essex with a decking on the patio. Now due our neighbour below experiencing some leaking water - the council came out and to our next door neighbour to check the patio's...
We just found out that the seller who we have purchased the property from back in 2017 has not asked for permission for the decking from the council. Solicitors missed to check as they were not informed about the decking by the seller.
The council is planning to come out now and remove our decking - no replacement - nothing been offered. It has been over 4 years since the purchase
Can they do this?
What can I do?
Please help if you can
Many thanks
We purchased our flat (leasehold) in Basildon - Essex with a decking on the patio. Now due our neighbour below experiencing some leaking water - the council came out and to our next door neighbour to check the patio's...
We just found out that the seller who we have purchased the property from back in 2017 has not asked for permission for the decking from the council. Solicitors missed to check as they were not informed about the decking by the seller.
The council is planning to come out now and remove our decking - no replacement - nothing been offered. It has been over 4 years since the purchase
Can they do this?
What can I do?
Please help if you can
Many thanks
0
Comments
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When you say "patio", is this an area you're actually allowed to use as a patio? And not just a roof?
0 -
RitaTakacsF said:
The council is planning to come out now and remove our decking - no replacement - nothing been offered. It has been over 4 years since the purchase
Can they do this?
Are they the freeholder?
1 -
Did you not inform the solicitor there was decking?30th June 2021 completely debt free…. Downsized, reduced working hours and living the dream.0
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Just use the patio without decking on top of it?0
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yes it is a maisonette that has a patio approx 19m2user1977 said:When you say "patio", is this an area you're actually allowed to use as a patio? And not just a roof?0 -
we were not aware the solicitors are not checking the flat fully. did not know we need to inform them about it as they supposed to do the legal checks for the flat prior purchase ...davilown said:Did you not inform the solicitor there was decking?0 -
yes they areSection62 said:RitaTakacsF said:
The council is planning to come out now and remove our decking - no replacement - nothing been offered. It has been over 4 years since the purchase
Can they do this?
Are they the freeholder?0 -
Can the 4 year rule in planning be applied?0
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This is by far and away the most likely scenario - the council are acting as the freeholder and building manager.Section62 said:
Are they the freeholder?RitaTakacsF said:
The council is planning to come out now and remove our decking - no replacement - nothing been offered. It has been over 4 years since the purchase
Can they do this?
There is no PP route for them to remove the decking. It may not have even needed PP in the first place.0 -
What four year rule?0
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