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Hi, new to the forum so hopefully in the right place.
Recently had an offer accepted on a place that is part of a probate case. The property was marketed as residential even though it was obviously a shop at one point. When I asked the EA what the status was I had it confirmed in writing that the property was residential. After a conversation with the local council it transpired that the property is still registered as commercial.
It turns out that the EA had been advised to market it as residential by the probate solicitor because the property had a planning application granted for a temporary (one year) change of use 9 years earlier and it had never been changed i.e. paying residential council tax for 9 years. The solicitor is convinced that the property now meets the 4 year rule for change of status but the council has said it is the 10 year rule and therefore fails.
Should the property have been marketed as residential or commercial?
The solicitor now wants to sell the property with an indemnity policy against the change of use. i.e. still registered as commercial and expects me to put the application for the certificate of lawfulness. Does this seem right? If solicitor is convinced it meets 4 year rule shouldn't they put application in?
Any advice greatly received.
Recently had an offer accepted on a place that is part of a probate case. The property was marketed as residential even though it was obviously a shop at one point. When I asked the EA what the status was I had it confirmed in writing that the property was residential. After a conversation with the local council it transpired that the property is still registered as commercial.
It turns out that the EA had been advised to market it as residential by the probate solicitor because the property had a planning application granted for a temporary (one year) change of use 9 years earlier and it had never been changed i.e. paying residential council tax for 9 years. The solicitor is convinced that the property now meets the 4 year rule for change of status but the council has said it is the 10 year rule and therefore fails.
Should the property have been marketed as residential or commercial?
The solicitor now wants to sell the property with an indemnity policy against the change of use. i.e. still registered as commercial and expects me to put the application for the certificate of lawfulness. Does this seem right? If solicitor is convinced it meets 4 year rule shouldn't they put application in?
Any advice greatly received.
