Buying Leasehold property subject to enforcement action

[jrhartley]

Hello

I would be really appreciative if anyone could set out what the position would be regarding a leasehold flat in a block that has been found to be in breach of planning permission (too high and wrong elevation). The Council has sat through various appeals and the building is now subject to an enforcement order (12 months from mid 2010).

What happens if the developer / freeholder doesn't comply or declares himself insolvent? Are there circumstances whereby the leaseholders could be obliged to shoulder the cost of the enforcement work to bring the block into line with the original planning permission?

I'm just trying to get a handle on what potential liabilities could be lurking.

Any thoughts or links to additional reading materials gratefully received.

Many thanks

[JustinN]

The short answer is, "Yes, the leaseholders can be required to comply". I suggest you form an action group of leaseholders, instruct a specialist planning solicitor or consultant, and open negotiations with the council as to what will be sufficient to comply

If the freeholder goes insolvent, you will want to buy the freehold off the trustee in bankruptcy/liquidator/Crown in order to get control of the building (as opposed to individual flats)

[jrhartley]

many thanks