HELPED I've been duped (planning permission)

pickles_pink

First of all thank you to every person who has responded to my thread.

Each and every opinion is valid and respected thank you all for taking the time to read and respond. The support here is greatly appreciated.

So here is my update......

At my last note I had found a good professional negligence solicitor prepared to work no win no fee once he'd accepted my case. For this reason I had to do a lot of the running around and gathering info etc, which I don't mind I was so greatful for the im[emding help/resolution. (finally got my file)

So we never signed a contract as apparrently unless I can PROVE financial loss we dont have a case as stress and inconvenience will not stand ni a negligence case unless it is in response to medical negligence. So I set to work and basically was getting the property valued as it stands and as it should be and was going to sue for the difference.

Then the builder turns up with lots of scaffolding and begins to complete the works, I call off the negligence solicitor as if the propert is signed off we don't have a case.

Any way the works are all but complete and the points to the retrospective planning permission are almost sorted,

HOWEVER, upon contacting the council I am told that yes the planning is almost resolved but a completion certificate will not be issued due tot he flat in the roof space (that shouldn't be there) and that they cannot issue a certificate for all but this flat due to access fire safety ETC.

I am so down about this I am seriously considering voluntary reposession and handing the keys back to northern rock especially with their SVR Looming.

I'm tired of the whole situation and feel completely trapped in this tiny flat. I have to get out, I really think this is starting to affect/effect (I can never get those right) my mental state.

CAN ANY ONE SEE A RESOLUTION?

Please help.

PasturesNew

awww. Don't walk away though. You can't walk away, they'll just toss the flat into an auction along with other repossessions and you'll have no control over the final selling price.... and they can then come after you for the money for 12 years. Some have signed up for 6 years, at which point a lot sell the debt on to big burly men who come looking for you.

So, you have to see this out.

Do you have all the flat owners working together on this one?

What's the situation if you go back to the no win/no fee man?

stevetodd

I am sorry about your position and appologize if this has been covered but I am going out and haven't time to read all the posts.

Ok so the flat does not comply with the original planning application, could the planning authority not be appproached with an amended version and sign off the building as it stands?

Incisor

pickles_pink wrote: »

... So here is my update......


CAN ANY ONE SEE A RESOLUTION?

Please help.

Just hang in there. A substantial amount has been done to put the situation right, so who is to say that the council will not see this through to a satisfactory resolution? Some more pushing and shoving will be required, no doubt - and the 13th flat may have to be bought out, but I doubt that what has been done would have happened unless someone saw the need to resolve this problem.

silvercar

Back to the negligence solicitor.

If you go for VR and NR auction it, the builder could buy it, swap it with the owner of the illegal flat and its all sorted. Builder wins and you lose out for the next 12 years.

DON'T GIVE IN!

scousethife

How in the name of shlt can a block of flats get built without PP?

All the bleeding rules and regulations that we have these days!

A councill fine you for having your bin out a day too long yet they cant spot a block of 12 flats?

pickles_pink

PasturesNew wrote: »

awww. Don't walk away though. You can't walk away, they'll just toss the flat into an auction along with other repossessions and you'll have no control over the final selling price.... and they can then come after you for the money for 12 years. Some have signed up for 6 years, at which point a lot sell the debt on to big burly men who come looking for you.

So, you have to see this out.

Do you have all the flat owners working together on this one?

What's the situation if you go back to the no win/no fee man?

I'm slightly embarrassed to go back to him, Plus the council guy in the building regs department refuses to reply to my lengthy emails with more than two sentances - usually comprising of the following :- Developer unwilling to comply no resolution in sight. So it's difficult for me to explain a situation I don't entirely understand.

if I'm honest I don't want to sue the solicitor, it wont get the Certificate issued which is what we need.

It the most impossible situation and its just TOUGH LUCK! How can this be? I mean if I bought a tin of beans and I wasn't satisfied I could get it replaced and a refund!!

pickles_pink

scousethife wrote: »

How in the name of shlt can a block of flats get built without PP?

All the bleeding rules and regulations that we have these days!

A councill fine you for having your bin out a day too long yet they cant spot a block of 12 flats?

The flats were approved but were built to big and too high, but I hear you!

sooz

Pickles, you cannot give up now.
Don't be embarrassed going back to the no win no fee solicitor. The situation changed, you could not help that.
I haven't re-read your whole thread, but..
Are others in the building still actively concerned about the planning problem?
IIRC, you couldn't use the buildings insurance, as the freeholder is the policy holder. Any joy from your home contents insurers? Do you have legal cover?
Rather than just sue the original solicitor, can you sue the developer?

Can you go in & talk to the head of your council building reg dept? I find they respond better when you go in and complain to them in person (follow up all visits with confirmation of what you discussed in writing). They've complied with their own rules by replying to your emails, however briefly.

Ian_Griffiths_Halifax

Have you spoken to your local MP and the local newspaper. Name and shame A) the Council for not making him put the errors right fully and the developer for making your life hell.