House

Ted31

Hi,
Just wanting advice please.
I am in the middle of buying a house and the current owners will not apply for retrospective consent from the council for previous works that were done before they bought the house.
The works were completed over 20 years ago but now i am wanting to buy the house, i am wanting advice if i apply for retrospective consent, will i be the one to blame as it will then be in my name. Will the council be okay with this?
As far as im aware, they have just made downstairs open plan instead of it being separate rooms and connected the outbuilding to the house with a toilet in there.

Isthisforreal99

What does your solicitor say on the matter?

user1977

Why do you want anybody to apply for retrospective consent? Obviously the council don't really care about what was done 20+ years ago. It's more a question of whether you're satisfied that the work was done to a good enough standard.

Ted31

Basically, said its down to me what i do and a risk id take. The council might be okay with it being over 20 years ago or they could still take actions against me. Just not sure what to do at all. 

Ted31

user1977 said:

Why do you want anybody to apply for retrospective consent? Obviously the council don't really care about what was done 20+ years ago. It's more a question of whether you're satisfied that the work was done to a good enough standard.

The works are fine whats been carried out but because they is a legal contract in place to not alter anything without permission, its a little scary accepting liability for something i havent done personally.

Slinky

Most councils have more pressing issues to worry about than enforcing action against someone taking down a wall 20 years ago. If your surveyor is satisfied the work was done properly, buy it without a second thought. Don't even think about applying for retrospective permission, it's opening a can of worms that doesn't need touching.

user1977

Ted31 said:

user1977 said:

Why do you want anybody to apply for retrospective consent? Obviously the council don't really care about what was done 20+ years ago. It's more a question of whether you're satisfied that the work was done to a good enough standard.

The works are fine whats been carried out but because they is a legal contract in place to not alter anything without permission, its a little scary accepting liability for something i havent done personally.

You're paying your solicitor to give you advice, so you may wish to remind them that they're meant to be explaining the (very low) risks to you. Is this consent because of a covenant in the titles, rather than building regulations?

Ted31

user1977 said:

Ted31 said:

user1977 said:

Why do you want anybody to apply for retrospective consent? Obviously the council don't really care about what was done 20+ years ago. It's more a question of whether you're satisfied that the work was done to a good enough standard.

The works are fine whats been carried out but because they is a legal contract in place to not alter anything without permission, its a little scary accepting liability for something i havent done personally.

You're paying your solicitor to give you advice, so you may wish to remind them that they're meant to be explaining the (very low) risks to you. Is this consent because of a covenant in the titles, rather than building regulations?

The works that i am wanting to carry out, ive rung the council and they have said i wont need permission but i can for my own peace of mind, but its just about previous works thats worrying.

Ted31

Slinky said:

Most councils have more pressing issues to worry about than enforcing action against someone taking down a wall 20 years ago. If your surveyor is satisfied the work was done properly, buy it without a second thought. Don't even think about applying for retrospective permission, it's opening a can of worms that doesn't need touching.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems. Its just because the contract says under no circumstances do you alter anything including the outbuilding without consent which they have done and obviously removed walls downstairs to make it open plan.

FreeBear

Ted31 said:

Slinky said:

Most councils have more pressing issues to worry about than enforcing action against someone taking down a wall 20 years ago. If your surveyor is satisfied the work was done properly, buy it without a second thought. Don't even think about applying for retrospective permission, it's opening a can of worms that doesn't need touching.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems. Its just because the contract says under no circumstances do you alter anything including the outbuilding without consent which they have done and obviously removed walls downstairs to make it open plan.

Work done 20 years ago are well outside any time period for planning or building control enforcement.

But alterations needing consent under a covenant or freeholder (if a leasehold property) is a different matter - You would need to find out who "owns" the covenant or freehold and apply for retrospective consent from them. Unless it is an ex-council property, it wouldn't be the council you apply to.

In these cases, it may be cheaper and easier to take out an indemnity policy - Your solicitor should be able to advise & arrange a policy for you.

Albermarle

As others have said I would be more worried that the work was not done correctly ( such as removing a structural wall without adequate support) although if after 20 years , everything looks OK, then I would be reasonably relaxed about it.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems.

Many people would  have at least a Level 2 survey, especially as there have been remodelling of the property.

On a wider note, pretty much any house you may want to buy will have some issues.