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Decking installed on the patio illegally prior our purchase
Comments
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When did you think the solicitors visited the property?3 -
Is the decking on ground level or on top of something? you say it started with a downstairs neighbour so I am picturing this decking is built on a section of flat roof or something?
The freeholder may be removing due to concerns on the structural integrity of whatever it stands on.
re your solicitor, they never visit the property so unless you tell them what its got then they wont know what to check. If a decking was built through proper channels then there would have been a paper trail and they would have found it. As it was built on the sly then the solicitor would be none the wiser that it even existed.2 -
I read somewhere planning rules cannot be enforced after 4 years have elapsed from the date of construction... maybe it can be applied for the decking ?ic said:What four year rule?0 -
If your decking has been installed over an existing flat roof it may be that the flat roof was not strong enough to actually carry a decking plus furniture plus people etc on it.
Stop concerning yourself with planning and start thinking about building safety and building regulations.
How much are the leaseholders planning to charge you for removing the decking?2 -
Hi Adrian Parentally they never did. They believed in the seller information form ...AdrianC said:
When did you think the solicitors visited the property?0 -
But are we even talking about planning enforcement, or are the council saying the leaseholders needed to get consent from the council as freeholders in terms of the lease? Which department of the council has been in touch?RitaTakacsF said:
I read somewhere planning rules cannot be enforced after 4 years have elapsed from the date of construction... maybe it can be applied for the decking ?ic said:What four year rule?0 -
This sounds like it is permission from the Freeholder for alteration of a leasehold property, not planning permission i.e the owner didn't get Freeholder consent and pay any charges associated with the Freeholders consent for alterations. OP, could you approach your Freeholder and ask to get retrospective consent and pay the consent fee to the Freeholder? i would suggest you get in touch with the council (freeholder) to ask this question and see if the matter can be resolved this way.1
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If the council own the flat suffering the leaks and are the freeholder, their argument may well be that they need to remove the decking to fix the roof as it may be that flat roof has reached the end of it's useful life.As stated previously, if the decking was not done through the proper channels it might be that the structure of that building cannot support use as a 'patio'.More importantly, do you actually have the right to have access to the flat roof?I suspect you are the victims here (to some extent) in that you thought you were buying a flat with outdoor space but what has happened is that your sellers saw an unused flat roof and decided to make that their space.Does your paperwork say you have a right of use of the flat roof at all?If it is not mentioned in your paperwork at all then it most likely doesn't belong to you.May you find your sister soon Helli.
Sleep well.1 -
Solicitors rely on you to make sure these checks are done , Solicitors don't know the property and check it , they rely on what you tell them, and what the surveyor findsRitaTakacsF said:
Hi Adrian Parentally they never did. They believed in the seller information form ...AdrianC said:
When did you think the solicitors visited the property?4 -
Exactly. They never do.RitaTakacsF said:
Hi Adrian Parentally they never did. They believed in the seller information form ...AdrianC said:
When did you think the solicitors visited the property?
Your surveyor goes and checks the condition, but he doesn't check the legals.2
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