Converted flat with no planning permission

justinsrival

We are in the process of buying a flat that was converted from a terraced house into two flats in what appears to be 2006 - the council tax band was changed in 2006, and the first entry for the conversions on land registry is 2008.  

It is leasehold and the freeholder (a limited company) bought the freehold 3 years ago.  They haven't got a completion certificate or an application for planning on the local authority website for the conversion. 

Our solicitor has advised about a insurance indemnity to protect us from the legal costs of an enforcement from the LA.  They also said that as it was more than 10 years ago, we would be very unlikely for them to pursue one.  

The solicitor said that there might have not been the requirement to convert a house into two flats at the time.  Is there anyway to check this without risking invalidating the option to insure in the future? Is there anything we can do to safely continue with the sale, and make sure it's sellable again in the future?

user1977

I doubt it wouldn't have been required. Has anybody checked the records properly, rather than just looking at the website? 

gwynlas

If it was converted withour planning how do you know that building control conditions were met? Many conversions came about because of families inheriting houses but wanting individual space or homeowners wanting to let rooms upstaits and creating flats.I would be wary of cheap conversions regarding accoustic insulation etc.

justinsrival

user1977 said:

I doubt it wouldn't have been required. Has anybody checked the records properly, rather than just looking at the website? 

Their solicitors have said they didn't have any documentation. 

The original freeholder liquidated about 15 years ago, so have a feeling the documents have been lost there.  

When you say check the records properly, what records and where/how would we check them?

FreeBear

justinsrival said: When you say check the records properly, what records and where/how would we check them?

What I have done in the past is to pay a visit to the local council office and ask what records they have relating to a property. The one in question, they had copies of a planning application in ~1976, notice of new doors & windows in 2008, plus a few other bits of info. If you did the same, keep any queries vague and don't mention specific planning concerns.

user1977

justinsrival said:

user1977 said:

I doubt it wouldn't have been required. Has anybody checked the records properly, rather than just looking at the website? 

Their solicitors have said they didn't have any documentation. 

The original freeholder liquidated about 15 years ago, so have a feeling the documents have been lost there.  

When you say check the records properly, what records and where/how would we check them?

Well, we don't know which council you're talking about, but they vary in how much detail their online searches have - does their website list every planning application which would still have been live in 2006? As suggested above, try visiting the planning dept in person (if that's allowed these days) and check their archives.

Have the flats previously been sold on the open market? If so then that at least provides some reassurance that this was probably checked out at the time.

justinsrival

Thanks FreeBear - think we will just do a general online enquiry for planning applications. 

justinsrival

So an interesting update:

The seller has just informed us that the property was originally a purpose built maisonette with a ground and first floor.  A buyer bought both and lived in as a single property, before dividing again and selling the leases at two leaseholds.  This makes sense as the building has original features as other flats on the same street and has brick partitions in the shared hallway etc, no stud walls. 

Is there anything we can do to check, prove it was a purpose built maisonette? Just wondering if there is still a risk to the Local Authority thinking it was a conversion like we did?

user1977

When was it built? Depends how far back any accessible records go.

justinsrival

It would have been early 1900s so nothing recent at all.  Where would the records be held?  Local authority?