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Possible planning issue/breach of building regulations?

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  • Possible planning issue/breach of building regulations?

    Hello everyone and a Happy New Year.
    I wonder if anyone has any experience in this area and can offer advice.
    My girlfriend is renting a semi-detached house from her stepfather who purchased the property in Jan 2011.

    We are now looking for a house to purchase and her stepfather has indicated that he would sell the house to us.
    However, when we have looked at the Land Registry website, the last recorded purchase of the property was in 2009.

    Also, there is a conservatory fitted to the rear of the property which is actually in excess of 4 metres projection rearward from the property at approx 4.4 metres.
    Upon checking the planning requirements, I have noted that the maximum rearward projection should not exceed 3 metres (for an attached property. 4 metres for a detached).
    It would appear that there is only one planning application attached to this property, but this was for a 2 storey extension which was never implemented and subsequently expired.

    The strange thing is that this oversized conservatory is featured in both the existing and proposed drawings for the planning which was passed for the extension without any reference made to the conservatory or its dimensions.

    My questions are as follows:

    1) If the conservatory is indeed in breach of regulations, would it have to be removed or is there a time limit whereby it would have had to have been in place without objection before it might become accepted as part of the property?

    2) Are there instances where the land registry might not have been informed of a sale of a property and asssociated land or is there a possibility that this was due to it being a cash sale?

    3) If the conservatory is not allowed how did my partners stepfather manage to buy the property without this being brought to his attention?

    All comments/advice welcome thanks.
    Redletter.


    I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires.......(Darren Hayes/Savage Garden)

    "Get up at 6 face another day another red letter in the mail-already taken my TV away-whatever I earn there's always more to pay.....Gotta turn these rags to riches turn the pennies into pounds cos right now all my days are bitches and I'm tired of being down!." Copyright Change! (Redletter 2006).
    Tags: None

  • #2
    Re: Possible planning issue/breach of building regulations?

    how long ago was the conservatory erected. I believe that there is a time limit to work done without planning . There cetainally is for building regs . which is six years as far as I remember then all the council can do is ask you to get a certificate of regularisation .

    Comment


    • #3
      Re: Possible planning issue/breach of building regulations?

      Thanks seduraed. I am not entirely sure when it was erected but the plans for the extension were submitted in April 2007 showing the conservatory in place at that time.
      There is however, a planning application associated with the adjoining property from February 2003 which does not show the conservatory fitted to this property on the drawings.

      With regard to the Land Registry, shouldn't they have a record of the sale to my partner's stepfather?

      Thanks for the swift reply btw.
      Redletter.


      I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires.......(Darren Hayes/Savage Garden)

      "Get up at 6 face another day another red letter in the mail-already taken my TV away-whatever I earn there's always more to pay.....Gotta turn these rags to riches turn the pennies into pounds cos right now all my days are bitches and I'm tired of being down!." Copyright Change! (Redletter 2006).

      Comment


      • #4
        Re: Possible planning issue/breach of building regulations?

        I just found this on 'parliament.uk' website so this answers my question re the conservatory:

        Time limits for enforcement action
        In relation to the point up to which an LPA may take enforcement action, there are two time limits, laid down in section 171B of the
        Town and Country Planning Act 1990. Four years is the time allowed to an authority to take enforcement action where the breach comprises either operational development (the carrying out of unauthorised building, engineering, mining or other operations)


        I just need to clarify the Land Registry issue.

        Thanks.
        Redletter.


        I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires.......(Darren Hayes/Savage Garden)

        "Get up at 6 face another day another red letter in the mail-already taken my TV away-whatever I earn there's always more to pay.....Gotta turn these rags to riches turn the pennies into pounds cos right now all my days are bitches and I'm tired of being down!." Copyright Change! (Redletter 2006).

        Comment

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