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Old 28-03-2012, 11:43 AM
deb deb is offline
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Join Date: Mar 2012
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Question Planning permission but no sign off?

Hi,

I am trying to sell my house which I purchased in april 2011. I have moved abroad so am trying to sell it. However, my buyers solicitors have advised my purchasers not to proceed without a sign off from the council for the top floor loft conversion or a substantial decrease in price. Planning permission for the work was granted in 1973. My Solicitors are telling me that blame should lay with the solicitors that allowed me to buy the house as it was their job to do the checks etc. However, to confuse things further my current solicitors are the same ones who acted for the lady that i brought the house from. I saw on this forum that if the works have been in place for over a year then the council can not insist on them being removed/remodelled. is this correct?

many thanks in advance for any help.

Debbie
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Old 28-03-2012, 03:07 PM
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Join Date: Apr 2007
Location: Hampshire
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Default Re: Planning permission but no sign off?

Don't confuse planning and building regulations.

If the work was done in 1973 it will be lawful in Planning terms.

However it is building regulations you need to be concerned about. Very unlikely that Council will do anything. In theory they could but it would be a adverse media publicity disaster for them if they did.

The two issues that remain are:

1.Mortgage lenders' small print generally requires it is all completely OK - which is not very logical - but there it is - and usually they can be pacified with an indemnity policy which is available provided nobody has contacted the Council about the a matter. Your solicitor scan obtain one of these fairly cheaply.

2. Unlike some other types or building works anybody buying where there is a loft conversion is going to be wary about issues such as fire safety.
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RICHARD WEBSTERwww.rwco.co.uk
As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.
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