0:01 AM, 24th May 2024, About 2 years ago 5
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I have been made aware during the proposed sale of the building I own, that planning permission was granted for conversion to form 5 flats and 2 shops in 1995.
However, in reality, there are only 4 flats and 2 shops, after the works Mr A sold the building to Mr B in 2001, and then in 2021 it was sold to me. On both occasions of sale, nothing ever came to light by Solicitors conveyancing the building for Mr B and then my Solicitor about only 4 flats?
I am in the process of selling, and the buyer’s Solicitor has picked up on this, and therefore this has put the sale on hold.
I do not know which way to turn, and would really appreciate any help/guidance you could give me, as I feel I am now in a difficult situation and do not know what to do!
Surely the works were passed after completion, to receive the necessary documentation for Mr A to sell the 4 flats off on 99 year leases in 1997?
Many thanks
Michael
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Member Since January 2015 - Comments: 1333
10:33 AM, 24th May 2024, About 2 years ago
You’d be surprised how many solicitors are not up to the job.
Go back to the solicitor who you used when you purchased the building and get them to sort this gratis.
It would be a negligence claim against their professional indemnity insurance and a black mark against the firm with the SRA
DAMIEN RAFFERTY
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Member Since September 2022 - Comments: 176
10:32 AM, 25th May 2024, About 2 years ago
So are you selling a building with 4 nice sized flats and 2 retail units or NOT?
Did the people buying the property inspect the building and view the 4 flats and 2 retail units.
With more rules and regs and now guidelines about bedroom sizes ( 6.5m2 minimum for an adult ) you could have bought a right Pig in a poke with tiny bedrooms and flats too small to get a mortgage on.
Why is this a problem 23 years later ?
The council can’t do anything now and the buyers were buying a property with 4 flats and 2 retail units.
Ask your solicitor and put the property back on the market if necessary
Crossed_Swords
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Member Since April 2021 - Comments: 189
9:02 AM, 26th May 2024, About 2 years ago
Damien is correct. PP is neither here nor there. It’s just permission. As long as the title and any plans are correct enough time has passed for PP not to be relevant hence why your solicitor did not raise it.
Stella
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Member Since May 2014 - Comments: 581
12:13 PM, 26th May 2024, About 2 years ago
Planning permission can be given to anyone, I had a leaseholder apply and receive planning permission for the loft which he did not own.
It does not matter whether there are 4 or 5 flats it is what the land registry says that matters.
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Member Since August 2015 - Comments: 224
6:12 AM, 27th May 2024, About 2 years ago
Dear Michael,
The above comments help identify two factors. Firstly what the buyer thought they were buying and the business value of that building and secondly the compliance and title factors. It is the second aspect that the buyer is no doubt concerned about.
The matter is not unusual and is capable of being easily solved. If the conversion is of a significant age, we assume shortly after 1995, you can apply to the council for a certificate of lawfulness. This would mean no council enforcement action would follow. Alternatively, the buyer could seek an insurance policy to the risks of enforcement, these are quite common too. Most mortgage companies would not have a problem with either solution.
You would be surprised how many conveyancers are unaware of these simply solutions.