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House converted into flats - doesn't match planning permission

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2

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  • PossiblyOverworked
    PossiblyOverworked Posts: 59 Forumite
    edited 19 June 2017 at 6:59PM
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    davidmcn wrote: »
    Something like that, yes - are you sure they haven't applied for a variation to the original consent?

    If the discrepancies are material, the chances are that at least one of the purchasers (or their solicitors or surveyors) will pick up on it anyway.

    Yes, I've been through all the PPs thinking that there was some variation etc but the version I am looking at is definitely the most recent. (There have been a few variations along the way so I know I'm looking at the right thing)

    I think it may have come up as it has bounced between Sold STC, For Sale, Sale Agreed, cash buyer only etc.
  • lwhiteman88
    lwhiteman88 Posts: 106 Forumite
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    I am not sure if it's a HMO if it started off as a single house but has been "partitioned off" into flats over several floors? as part of the rules seems to be about "multiple households" where a household is a single person or members of a family - But for example if I rented that flat with my BFF and we each had our own room - would we be 2 "households" since we are not a couple?

    I think you should look more into what a HMO is. I wouldn't look at in the way you have suggested. HMO can essentially be up to 6 double bedrooms each with their own lock and a shared living/kitchen/bathroom. Although you can have the kitchen/bathroom within the rooms in some instances. This could fall under permitted development and therefore not require planning permission.

    It would of course appear strange that the house has gone through numerous planning permissions, as you have suggested, and then not then implement the approved proposal but go down the HMO route. If it is a HMO they would require a HMO licence so you could probably just call your local council to see if that property has a HMO licence.

    If they do not then I would complain to the planning department. I suspect that the property owner assumed that because they have permission to split into flats no one would be suspicious with the additional number of people coming and going and then after 4 years they would have immunity from planning permission.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    All the PP would care about is:
    - are there still the same number of flats
    - are the windows/doors etc still in the same place.

    As a rule of thumb, what happens inside is of no concern to anybody except building regs/fire safety.
  • lwhiteman88
    lwhiteman88 Posts: 106 Forumite
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    All the PP would care about is:
    - are there still the same number of flats
    - are the windows/doors etc still in the same place.

    As a rule of thumb, what happens inside is of no concern to anybody except building regs/fire safety.

    If it is now a 2 bedroom flat and the approval shows 1 bedroom flat then yes this would be a breach of the planning permission and the planners could serve an enforcement notice. Planners do care about whats inside if it is a material change which this would be.
  • lush_walrus
    lush_walrus Posts: 1,975 Forumite
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    All the PP would care about is:
    - are there still the same number of flats
    - are the windows/doors etc still in the same place.

    As a rule of thumb, what happens inside is of no concern to anybody except building regs/fire safety.

    Not true, planning permission will also state the number of bedrooms and the number of occupants it is designed to accommodate. If the number of bedrooms is greater than that states speak to the duty planning officer, they will tell you whether it is something enforcement will investigate or will put you in touch. These occupancies are there to prevent the UK becoming slum accommodation.

    Have you called the planning department yet?
  • [Deleted User]
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    Have you really nothing better to do with your time ?

    Unless you are buying one of these flats does it really matter.

    Near me a local man is objecting to a sikh family wanting to convert a garage into residential for the elderly mother. He is not an immediate neighbour, it doesnt affect him in anyway so why take issue with it.

    People have a real bee in their bonnet about planning and it must be jealousy or nosiness because unless something directly affects you mind your own business.

    Society is changing and planning laws need to reflect the changing needs of the population, with social care of the elderly in crisis I'm sure more and more people will want to convert their property in some way to care for relatives.
  • teddysmum
    teddysmum Posts: 9,471 Forumite
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    edited 20 June 2017 at 12:04PM
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    BBH123 wrote: »
    Have you really nothing better to do with your time ?

    Unless you are buying one of these flats does it really matter.

    Near me a local man is objecting to a sikh family wanting to convert a garage into residential for the elderly mother. He is not an immediate neighbour, it doesnt affect him in anyway so why take issue with it.

    People have a real bee in their bonnet about planning and it must be jealousy or nosiness because unless something directly affects you mind your own business.

    Society is changing and planning laws need to reflect the changing needs of the population, with social care of the elderly in crisis I'm sure more and more people will want to convert their property in some way to care for relatives.




    The situations you name, ie looking after a relative , are not the same as where a property is being deliberately altered to accommodate more people in order to make as much money as possible. (The landlord won't have to live with the consequences off a large number of people living in an overcrowded building .)
  • ComicGeek
    ComicGeek Posts: 1,539 Forumite
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    We have some clients who do just this, and squeeze additional bedrooms in after planning consent. The constructed scheme is all compliant with Building Regs, but they deliberately flout the planning consent.

    They rent them out all out, otherwise it would be easily picked by a buyer's solicitor after only a quick review of the planning consent and lease plans. Very dangerous to do it for resale properties because of this IMO - you could easily end up with unsellable units.

    The developer will either have to ask for revised planning consent (which they may not get), amend the layouts back to the agreed layouts, or sell at a reduced rate to cash buyers who take on the risk.

    If you really feel angry about it (and I would do if I was living in the same road and sharing parking spaces), then no reason why you can't report it to the planning department for them to investigate. And keep an eye open for any updated planning submission..
  • silvercar
    silvercar Posts: 46,960 Ambassador
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    There have been office blocks in Luton, recently refurbished and converted to residential flats.

    For whatever reason they are sold as 1 beds, but the layout is that of 3 beds except that the extra bedrooms have doorways without doors and some of the bedrooms don't have windows!
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  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    silvercar wrote: »
    There have been office blocks in Luton, recently refurbished and converted to residential flats.

    For whatever reason they are sold as 1 beds, but the layout is that of 3 beds except that the extra bedrooms have doorways without doors and some of the bedrooms don't have windows!
    Probably to get round building regulations, as you can't have internal bedrooms - but you can have a semi-enclosed area of what is technically a larger room.
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