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council have taken my property tax but say i have no planning? Help needed

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Comments

  • linda4767
    linda4767 Posts: 37 Forumite
    thanks to all for your input, whats involved with setting up leases ? as they have been flats for many years now they will not conform to current building regs does this matter? and what happens when i get the lawful dev cert - do i have to get involved with building control or can i just sell them on together to an investor buying the two ?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Hit the thanks instead of quote button!;)
    linda4767 wrote: »
    .....whats involved with setting up leases ?......

    Get some qualified legal advice - ring the law society and ask for someone local with leasehold experience.
  • Doozergirl
    Doozergirl Posts: 34,064 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to contact a solicitor and they will do it for you. You need someone to hold the freehold (either you or a company you set up for the buyers) and then two leases which will be registered at the land registry.

    If you sell without leases, the property is still essentially one property and worth much less than the costs you will incur setting up leases.

    Building Regs should not matter. You aren't applying for plaaning permission, you're asking for acknowledgement that the properties have been seperate for such a long time that planning permission is not needed.

    You may be asked to produce building regs certificates for the original conversion but an indemnity policiy should suffice. Building Control would not be in a position to start proceedings against you (either cost or man-time wise) unless the conversion was blatantly unsafe, which you'd think would have been picked up a while ago now! Do not contact Building Control at all. It will invalidate any policy.
    Everything that is supposed to be in heaven is already here on earth.
  • linda4767
    linda4767 Posts: 37 Forumite
    thanks doozergirl, when i paid a visit to planning to put in for the lawful dev cert a guy from building control came and spoke to me and i told him i had refurbished the flats 5 years ago but they were converted some 15 years ago. He told me he would have to come out and check them over, i did not put in any application - can i still offer an indemnity policiy to a new buyer if i dont go back to building control i have only refurbished like for like ?
  • Doozergirl
    Doozergirl Posts: 34,064 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What work did you do when you refurbished them?

    If you've already spoken directly about the property on any level to building control then any policy would be invalid.

    When you talk to them, I'd be very vague about the date of conversion "at least 15 years" would be better than saying just 15 years. I'd make their job a bit harder :o

    Certainly at the moment, even with your planning permission, the house is still a single dwelling in the eyes of the land registry - where it really matters.
    Everything that is supposed to be in heaven is already here on earth.
  • linda4767
    linda4767 Posts: 37 Forumite
    i had the kitchens and bathrooms re newed, central heating, plastering, wiring, decorating etc. I did do some work on two rooms in the basement that were already part of the flat. They were poorly converted and i had them re-done with new tanking this was done 5 yrs ago
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