certificate of lawfulness

[WarwickGrad]

hi there

i have a house that i divided into 2 flats when i bought it in 2004

after the 5 years i divided it into 5 flats

the council found out in 2009 and took action against this sub division of 5

it's not a big deal, they told me i need to take out a few kitchen areas

they admitted that they knew about the sub division into 2 flats in 2004

does this mean i can get my certificate of lawfulness for the 2 flats as 4 years went by without enforcement?

thanks

[WarwickGrad]

hi there

any replies to this Q please?

[Glenys1198]

I think that's correct because there's been no change of use.

Have a look at this thread:

http://www.landlordzone.co.uk/forums/showthread.php?t=26783&highlight=certificate+lawfulness

[mk1fan]

Have the Council suggested you apply for a Certificate of Lawfulness or for Retrospective Planning Consent?

Your maths doesn't seem right either. You sub divided into 2 flats. Then in to 5 flats later. Then you refer to 2 flats needing certification.

Did you subdivide a small flat off the first time, leaving one large flat that you then divided into four? Or did you divide into 2 flats then redeveloped both into 5 flats?

Having re-read the post are you thinking of converting back to 2-flats?

[pilman]

Simple answer is that if the 2 flats existed for 4 years and you can prove use as two separate dwellings, then enforcement action cannot be taken against you once four years have passed.
The change of use to 5 dwellings from 2 dwellings can be enforced against as you have found out, but reverting back to two dwellings is a lawful use of the building.
You can get a COLU if you make an application and it is useful should you want to sell eventually.

[BEDSITBARRY]

Simple answer is that if the 2 flats existed for 4 years and you can prove use as two separate dwellings, then enforcement action cannot be taken against you once four years have passed.
The change of use to 5 dwellings from 2 dwellings can be enforced against as you have found out, but reverting back to two dwellings is a lawful use of the building.
You can get a COLU if you make an application and it is useful should you want to sell eventually.


related topic - best way to prove the four year period would be?