Your client instructs you because they want to purchase a lease of a shop. It was previously a charity shop, however your client would like to change the use to an internet cafe. Assuming there are no other issues, your client would need planning permission?
There is a need for an Energy Performance Certificate.
Paul finished building his house in January 2009. He began building it himself in August 2006 bit by bit. He moved in January 2010. in December 2012, He wants to sell the property to Fred for £20,000 even though its worth £86,000. The searches show that no Planning Permission was sought. What would your advice be to Fred?
Its fine. Don't worry. The property is cheap, you can't lose at that price. Its a steal! If you turn it down you're an idiot.
There is an enforcement period of 10 years, which means the council could ask Fred to demolish the property and he would be left with just the land. Therefore, he should consider whether he is prepared to take this risk.
The enforcement period of 4 years started when there was a breach in 2006 and therefore the enforcement period lapsed in 2010. Fred is good to go.
The four year enforcement period is not up until January 2014. Therefore, he should hold off for a short time until that time. That way, he can purchase the property free of Planning Permission enforcement. Although there may be issues with Building Regulation control, which building control is unlimited.
Ask Paul for a regularisation certificate for the lack of planning permission.
Planning is essentially an easement and you can just get around buildings regs and planning by registering the property.
If Building Consent has not been obtained what are the options available?
Appeal to the Tribunal under s.84 of the Land Registry Act 1025
Regularisation certificate. This gives retrospective consent.
Appeal, Insurance and Certificate.
Insurance and Certificate.
What is the time limit for building control enforcement.
Within 12 months.
No time limit
12 years as a result of prescription. The same as adverse possession
You can build anywhere you like on your own land, because an English man's home is his castle. Is this TRUE or False?
Barry owns the freehold of a restaurant in Manchester's Northern quarter. Business has been dwindling and he's considering turning the place in to a bar with food snacks. Which is/are correct?
This is a change outside the class, but the UCO allows this
This is a change from A3 class to A4 class and permission would be required if the UCO did not allow it.
The UCO does not allow it and as a change from A3 to A4 planning permission is required as it is a change of use and therefore a development. Buildings regulation consent may also be required.
Peter has bought a commercial property in a conservation area and intends to use it as a pizza restaurant. However, the old style sash windows are not suitable. Can you clarify the position?
In a conservation area even replacing windows will need conservation area consent.
As it is only windows only building regulation consent is required.
Planning, building consent and conservation consent is required.