Live Planning Enforcement Notice - current owner prosecuted and still not complied

user1977

SteveD82 said:

Obviously my conveyancer will have to report back to the lender which I am fine with (I am honest) - I just feel surely with a builders estimate of the costs and other supporting documentation it's a somewhat quantifiable financial risk to a lender. 

Lenders tend to stick to their criteria though, rather than bother trying to do those sums. They'd prefer that an issue like this is either sorted properly, or insured against (and I doubt the latter is easily done).

GDB2222

Just a suggestion here, but it may be rather daunting for this lady to organise builders etc. You could have a chat and offer to do all that for her, as well as paying for the work when you complete the purchase. 

The other possibility is that, out of respect for her dead husband, she refuses to do the work. After all, he was prosecuted and still refused to do the work. 

SteveD82

Good points - however I need a solution where I either convince the lender to proceed since the situation is “minor” and I will resolve later (unsure I will avoid a “computer says no” event) or I convince the vendor to do it - I doubt she’ll agree to do this unless I exchange first (for security) but then my 10% deposit is at risk if the situation is not resolved to my lenders satisfaction prior to completion, preventing me drawing down the mortgage. I could get my solicitor to put some special conditions in the contract but what if something is overlooked? 

I have a feeling vendor will stick to her guns & we’ll fall through.. as I said.. it may take 3 repeat occurrences before she complies.. I just want to make sure I’m not being “high maintenance” in terms of supposed risks.. 

The annoying thing is I found the notice PDF online 6 weeks ago and asked the EA to verify with her the issue was resolved.. I was told “yes & her solicitor had written proof” - when searches revealed it the written proof did not materialise.. no planning issues reported on TA6 form either

diystarter7

Some good answers here but call the 'Duty officer' in the local planning dept.
Then ask them to confirm via post and or email.
If not straightforward, email your question and ask them how quickly they can get back.
Its a simple question and I'm sure they will quickly help as the scenario does not appear to be com

SteveD82

I did call him - emails are not responded to. 

They seem apprehensive to put anything in writing, especially since prosecution proceedings took place - probably quite rare! 

His view was if vendor wants to sell her house & banks won’t lend due to the notice then she should comply first. Perfectly logical. I just think vendor would prefer we fall through and she re-lists looking for a cash buyer?

Although even a cash buyer may be unhappy with the “transfer of liability” element, especially if Enforcement are not willing to give any written guarantees.. 

GDB2222

SteveD82 said:

Good points - however I need a solution where I either convince the lender to proceed since the situation is “minor” and I will resolve later (unsure I will avoid a “computer says no” event) or I convince the vendor to do it - I doubt she’ll agree to do this unless I exchange first (for security) but then my 10% deposit is at risk if the situation is not resolved to my lenders satisfaction prior to completion, preventing me drawing down the mortgage. I could get my solicitor to put some special conditions in the contract but what if something is overlooked? 

I have a feeling vendor will stick to her guns & we’ll fall through.. as I said.. it may take 3 repeat occurrences before she complies.. I just want to make sure I’m not being “high maintenance” in terms of supposed risks.. 

The annoying thing is I found the notice PDF online 6 weeks ago and asked the EA to verify with her the issue was resolved.. I was told “yes & her solicitor had written proof” - when searches revealed it the written proof did not materialise.. no planning issues reported on TA6 form either

If you go for your plan B, you would have to make the contact conditional on her completing the work before completion. There’s no reason to put your deposit at risk. 

I would not worry about planning enforcement prosecuting you as the new owner, as long as you get on with reducing the height of the wall. They have enough to do on the cases that actually need prosecution.

Section62

diystarter7 said:

Some good answers here but call the 'Duty officer' in the local planning dept.

The OP needs to communicate with the planning enforcement team, not the 'Duty officer'.

diystarter7 said:

Then ask them to confirm via post and or email.
If not straightforward, email your question and ask them how quickly they can get back.
Its a simple question and I'm sure they will quickly help as the scenario does not appear to be com

It's a very unsimple question.

Planning enforcement action which goes beyond prosecution is quite rare, and rarer still to be dealing with the issues arising from an open case as part of a conveyancing process.  All enquiries will almost certainly be bounced over to the enforcement team due to the problems that could be caused by people without the relevant knowledge and expertise commenting on the legal enforcement process.

Section62

GDB2222 said:

I would not worry about planning enforcement prosecuting you as the new owner, as long as you get on with reducing the height of the wall. They have enough to do on the cases that actually need prosecution.

I tend to agree.  I'd still try to get something in writing from the planners though, as this could be shown to the lender as an indication that the sky won't fall in on the day of completion, and that the OP is taking their responsibility to sort this seriously.

SteveD82

Yes - I think it is a rare situation. In fact I think it “broke” their enforcement process “flow chart” - I think Enforcement Team almost lose sight of it once it’s passed on to prosecution / Magistrates Court. Next step should really have been High Court with an unlimited fine! 

I just don’t want to move in & receive a letter saying “Hello Owner - you are called to High Court in xth of Whenever” 😱

SteveD82

I think under TPA Section 179 (7) I would have to be explicitly served a notice by the Council in order to be charged with an offence. It usually has a compliance / appeal date during which time (worst case) I will get my sledgehammer out.. 

If vendor refuses to do the works then I will ask my solicitor to report back to the lender with some supporting documents (quote from builder, hopefully something from enforcement) - hopefully that will keep them happy.. I think from a personal liability perspective I will not face prosecution immediately which will buy me enough time to comply.