Building consent missing on flat purchase

[priesh]

Hi,

I'm buying a flat, which is on the top floor of a block. The block itself is around 90yrs old, and the top floor was added in 1989.

According to the seller, building consent was applied for in 1988 and rejected. In 1989 there was an appeal and consent was given and the top floor was built.

The problem is they have no documentation that proves this consent was given.

My solicitor has asked the local council, but they make take a long time to respond, and i want to exchange sooner rather than later.

What do people think about this? I reckon that due to it being 20yrs old i don't have a problem, but just wanted to see what others thought.

Thanks in advance,

Priesh

[JustinN]

First, I assume this building is in England (or Wales) - the law in other jurisdictions is different and I can only comment on the position under English law

Second, it is not clear whether the "building consent" you refer to is planning permission, Building Regulations consent or Listed Buildings consent. From what you say, it is planning permission, but it is not entirely clear

If it is planning permission, a 10-year limitation period applies - the council cannot start enforcement proceedings once that period has expired, so you would be safe

If it is Building Regulations consent, there is normally a one-year limitation period (starting from the date the work was completed), though there is a little-used provision in the relevant legislation for which there is no limitation period (ie: no limit on when enforcement action could be brought). This is usually only used where public safety is an issue, but that might well apply in this case

Listed Buildings consent: again, there is no limitation period and breach of listed building control is a criminal act

My advice - if it is only planning permission that is missing, I would not worry. If either Building Regulations consent or Listed Buildings consent (if applicable) is missing, I would not proceed with the purchase

I hope this helps

[priesh]

Hi - thanks for the response. I am getting the report from my solicitor soon, but i think it is just planning permission. It is a large development (there are at least 4 flats on the top floor as building is large) so i think the 10yr limit applies.

Priesh