Prolonged Probate & Planning Permission

thegreenone

Has the house lain empty for 10 years?  Who's been paying the bills and looking after it?

thegreenone

Tax when you sell property: Work out your gain - GOV.UK (www.gov.uk)

This might be useful as there is an option of Give Away a property.  But you still need to know how much the property was worth when Grandad died.

Keep_pedalling

thegreenone said:

Tax when you sell property: Work out your gain - GOV.UK (www.gov.uk)

This might be useful as there is an option of Give Away a property.  But you still need to know how much the property was worth when Grandad died.

Gifted to a connected person is treated as disposal at full market value so it does not help. 

lincroft1710

Malthusian said:

bubby08 said:

 The query is simply if ownership of property is a stipulation when submitting planning permission.

Well that one has a very simple answer, yes. Councils won't generally consider an application for planning permission on land that you don't own. 

I was under the impression that the exact opposite applied, an application for pp could be made by someone who is not the owner or leaseholder of the land.

thegreenone

Keep_pedalling said:

thegreenone said:

Tax when you sell property: Work out your gain - GOV.UK (www.gov.uk)

This might be useful as there is an option of Give Away a property.  But you still need to know how much the property was worth when Grandad died.

Gifted to a connected person is treated as disposal at full market value so it does not help. 

A Spouse, a Charity or Someone Else.  OP would be Someone Else and I'm suggesting it would give an indication of costs at full market value now, so why wouldn't it help?  Try it with hypothetical figures.

Keep_pedalling

thegreenone said:

Keep_pedalling said:

thegreenone said:

Tax when you sell property: Work out your gain - GOV.UK (www.gov.uk)

This might be useful as there is an option of Give Away a property.  But you still need to know how much the property was worth when Grandad died.

Gifted to a connected person is treated as disposal at full market value so it does not help. 

A Spouse, a Charity or Someone Else.  OP would be Someone Else and I'm suggesting it would give an indication of costs at full market value now, so why wouldn't it help?  Try it with hypothetical figures.

No it can’t help, mother and son are connected persons so there is no dodging CGT on any transfer. Unfortunately the wording on a lot of HMRCs web pages leaves a lot to be desired. 

https://www.litrg.org.uk/tax-guides/savers-property-owners-and-other-tax-issues/capital-gains-tax/capital-gains-tax-gifts

bubby08

Hi the clarify for the greeneome, the house, hasnt been empty for 10 years, it was my grandads request that his lodger at the time would be allowed to stay in the house until he choose not to, unfortunately this good will was not reciprocated and the lodger refused to allow us access to it. In that time the house has fallen into disrepair. The lodger unfortunately died earlier this year so the house needs substantial work to it, which can’t begin until the deeds are transferred. Which I do not know how to proceed with. 

In relation to what you mentioned about capital gains tax, I’m not trying to dodge it, it’s just my mother lives 200miles away from the property isn’t in a great place financially/physically and doesn’t want to deal with it which is why i am power of attorney. 

Thank you all for your continuing replies and help.

Keep_pedalling

bubby08 said:

Hi the clarify for the greeneome, the house, hasnt been empty for 10 years, it was my grandads request that his lodger at the time would be allowed to stay in the house until he choose not to, unfortunately this good will was not reciprocated and the lodger refused to allow us access to it. In that time the house has fallen into disrepair. The lodger unfortunately died earlier this year so the house needs substantial work to it, which can’t begin until the deeds are transferred. Which I do not know how to proceed with. 

In relation to what you mentioned about capital gains tax, I’m not trying to dodge it, it’s just my mother lives 200miles away from the property isn’t in a great place financially/physically and doesn’t want to deal with it which is why i am power of attorney. 

Thank you all for your continuing replies and help.

If your mother is not in the best place financially the last thing she should be considering is giving away her inheritance. 

bubby08

Thank keep peddling, However we have our own plans and her reasons aren’t the subject of this thread.