converted flats planning permission

[arusha]

If i purchase a house, newly converted into flats, and it turned out that the the previous owner hadn't obtained all the relevant permissions, is there a length of time after which the council cannot take any enforcement action (i.e alterations to the flats or ask for the property to be returned back to a house)?.

[Uncle Fester]

4 Years I think, But I may be wrong!!! :confused:

[pdk]

Yes, you must have 4 years of continuous and uninterrupted use as two fully self contained flats before you Can apply for a Certificate of Lawful Development... The Certificate could be for each one separately...

PETER


NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[vantagex]

i am just about to exchange on a property with just this issue.In 1974 planning was given for conversion into 4 holiday flats,but since 1993 it has been used as 4 seperate residential flats.There is also a convenant in the deeds which goes back to 1911 stating the property is to be used as a residence or lodging residence....I have a letter from the council proving it has been rated for council tax as four flats since 1993.But my solicitor says we have to show proof that it has been converted for 20 years so that the covenant can not be enforced and also 20 years for building regulations...i am confused..i intend to develope further so don,t want any old issues jumping out at me but the indemnity policy would be £1200!..any advice please
thanks

[jeffrey]

Limitation period is TWELVE (not twenty) years. If they've been flats since 1993, you should now be OK.

[pdk]

Were the flats used as holiday homes by way of a condition??? If so, you would have to have ten years continuous as permanent flats... How is the condition worded??

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[vantagex]

jeffrey,

does that apply to building regulations as well?...thanks..I don,t suppose there is a legal passage i could forward to my solicitor is there?..

[vantagex]

Were the flats used as holiday homes by way of a condition??? If so, you would have to have ten years continuous as permanent flats... How is the condition worded??

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

The original planning permission was for holiday flats,whch the application was for..As far as i know there was no request ever made for change of use to residential...which they have been since 1993 ( hence the separate council banding i quess?)

[pdk]

I think you can take advantage of the 4 year rule then... you can apply for a Certificate of Lawful Development on that basis..

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[jeffrey]

jeffrey,

does that apply to building regulations as well?...thanks..I don,t suppose there is a legal passage i could forward to my solicitor is there?..

No: the twelve years limit is against deeds-based liability (eg breach of covenant, trespass on land, etc.):
see post #4's refernce to covenant.

[vantagex]

sorry to labour the point..but what is involved in obtaining such a certificate? do they come and inspect etc..or is it a paper excercise?..thanks again..

[pdk]

You make an application and they would probably come and inspect. You need to submit evidence to prove the length of the use..

PETER


NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[vantagex]

this covenant was signed in 1911 is there ever a end to them or do they last forever?..as there is a ground rent payable does it mean you never actually own the freehol?..i was hoping to issue seperate leases for these flats and have the option of selling one to raise finance or at least remortgage..thanks for any help.

[jeffrey]

this covenant was signed in 1911 is there ever a end to them or do they last forever?..as there is a ground rent payable does it mean you never actually own the freehol?..i was hoping to issue seperate leases for these flats and have the option of selling one to raise finance or at least remortgage..thanks for any help.

1. If a covenant - any covenant - exists, it will continue to exist until:
a. the property owner with the benefit ("covenantee") releases it to the property owner with the burden ("covenantor"); or
b. both properties end up in the same ownership, whereupon the covenant merges.

2. If the property is already leasehold, you could of course try to enfranchise.

3. If you want to split-up the leasehold property, you can grant underleases (one per flat).

[vantagex]

thank you once again for your help.