New House I want to buy has an enforcement notice issued as it has been built in the wrong place

marytee

Hello, I would value advice if possible. We are keen to move to a new area and have a house in mind which is ideal. All has gone quiet with the builders and it feels like 'something is not right'

Have looked at the Local Authority planning permission details and see that an enforcement notice has been issued as the house has not been constructed in accordance with the approved plan. New dwellings (there are 2) have been constructed in the wrong position on the site. 

I cannot see the details of the enforcement notice. My question is: should I give up, is it possible the LA may order the houses to be demolished or is it possible that permissions can be granted retrospectively?

I appreciate that it may be difficult to advise without details, but from experience someone may have an idea

Thank you 

propertyrental

I might nvestigate further but basically...find a property that does not bring you problems.

sheramber

I would think it depend on how much they  are out of the original position and  how crucial  the original position was.

Without any information you are not going to know what the outcome may be.

Nothing to prevent you keeping it in mind but start looking for other properties.

ProDave

Certainly do NOT exchange contracts until the issue is resolved.  There are really only 2 ways this will be resolved, The builders submit an amended planning application with the houses in the new position and it is passed, or the builders demolish them and build them where they should be.

It is the builders problem at the moment, don't make it your problem.

Is this a large estate from a national developer or just a small scheme from a local builder?

marytee

ProDave said:

Certainly do NOT exchange contracts until the issue is resolved.  There are really only 2 ways this will be resolved, The builders submit an amended planning application with the houses in the new position and it is passed, or the builders demolish them and build them where they should be.

It is the builders problem at the moment, don't make it your problem.

Is this a large estate from a national developer or just a small scheme from a local builder?

Thank you so much. It is a small builder who has built  two houses in what was a large garden. I appreciate your response 

GDB2222

I don't think the LA would have issued an enforcement notice if this could easily have been sorted out. They would just have invited the builder to put in a planning application to rectify the situation.

Well done for doing the research. Now, find somewhere else to live.

user1977

GDB2222 said:

I don't think the LA would have issued an enforcement notice if this could easily have been sorted out. They would just have invited the builder to put in a planning application to rectify the situation.

I'm willing to be corrected here, but I think it's fairly normal for the enforcement notice to be done first, and then the developer has an opportunity to submit a retrospective application, before any further enforcement can be done.

OP, when was the enforcement notice, and is there any sign of a pending application for what's actually been built?

GDB2222

user1977 said:

GDB2222 said:

I don't think the LA would have issued an enforcement notice if this could easily have been sorted out. They would just have invited the builder to put in a planning application to rectify the situation.

I'm willing to be corrected here, but I think it's fairly normal for the enforcement notice to be done first, and then the developer has an opportunity to submit a retrospective application, before any further enforcement can be done.

OP, when was the enforcement notice, and is there any sign of a pending application for what's actually been built?

Could it vary? My neighbour has just put in two retrospective applications, and I'm not aware of any enforcement notices.

They did have a stop notice that the builder ignored. After that, the site foreman changed abruptly. 

MalMonroe

You said "We are keen to move to a new area and have a house in mind which is ideal. All has gone quiet with the builders and it feels like 'something is not right' ".

Firstly you say the house is ideal.
In the very next sentence you say it feels like something is not right.

You have answered your own question. Ignore that intuitive feeling at your peril.

Or, to quote GDB2222, above - "Well done for doing the research. Now, find somewhere else to live."

FreeBear

Not up near Bolton by any chance ?

https://www.derbytelegraph.co.uk/news/property/homeowners-pleas-rejected-council-who-6846935

Grumpy_chap

Just walk away and find something that will be less stress.

In our area, the Council first invite for retrospective planning permission when work has been built out of plan and only issue an enforcement notice if the retrospective application is refused (including at appeal if appropriate).  Pretty much the same as @GDB2222 indicated, though it is possible the process varies between areas as @user1977 has different experience.

Whatever the procedure in the area, given that an enforcement notice has been issued, you can assume the discrepancy is something pretty major so having an impact to neighbours or similar.  We won't be talking just a few inches of discrepancy in the setting out.