financially
Registered User
- Messages
- 33
Apologies at the start for the long post.....
My parents applied for PP for a house on their own land almost 30yrs ago. They applied for and got permission to build it 65ft from the road. After that people advised that they should put it further back as it was a large house so finally they built it 155ft back. It didn't occur to them that they should reapply for planning and nothing was ever done about it. As they say now it was a different time back then. 20yrs later they sold the house and nobody ever seemed to discover this lack of planning compliance during the sale.
At the time of the sale an engineer was employed to check compliance, they presume he was employed by the buyer although they knew him as we live in a small town. Is is correct to think that the buyer would employ the engineer to check this?
That was 8 yrs ago and the man who bought the house is now trying to sell it and has dscovered this lack of planning compliance. He has sent my parents solicitor a letter from his solicitor saying he wants compensaton.
What is the legal view on this?
He's a very unpleasant man, possibly if he were nicer and had not caused so much upset in our area they would be more disposed to feeling bad about this but they do not wish to compensate him at all.
Thanks
If, by my own calculations, planning was granted and the house completed in the early 80's, would that change anything?... The 1994 regulations gave a five year period of grace to local authorities in which they could take enforcement action. ...
If, by my own calculations, planning was granted and the house completed in the early 80's, would that change anything?
I can't see how your parents could possibly be liable for a house they sold at any stage in the past.
The buyer would surely have checked for himself whether the house was in compliance with planning permission - he would have had a solicitor and engineer to check for him.
If your parents had supplied him with a certificate from their engineer to state that the house was in compliance with planning then it is that engineer's problem.
Unless your parents forged a cert of compliance (which I'm sure you would have mentioned) I really can't see any liability. ONQ or a legal eagle may correct me.
Sybil
There are four sub-forums forums here dealing with specific legal issues
Please mods could confirm the position.
- Askaboutlaw - For legal issues not covered elsewhere.
- Ask about Conveyancing in Mortgages forum.
- Ask about Road traffic law in Cars & Motoring.
- Ask about Tenant issues in Property Investment.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?