Square feet or square metres? (big difference).about 25sq difference)
7 years applies to unauthorised development, for a development that doesn't comply with the permission granted it's 12 years.what are the implications? Should he apply for retention? Does it make sense to wait until seven years have passed?
Don't Local Authorities come and check compliance with pp?
So is the advice to wait until the 12 years expires and then just ignore it, or apply for retention to tidy things up?Once the relevant period expires the authority no longer have the option to force you to resolve, but should you or any future owner ever look for permission for work at any time in the future, they can make it a pre-condition that you remove the unauthorised development.
Getting retention means you know exactly where you stand, and particularly for small issues that don't impact neighbours, chances of success are high, but can vary between authorities.So is the advice to wait until the 12 years expires and then just ignore it, or apply for retention to tidy things up?
When we bought our house the engineer who looked at it for me noticed a window that was not on the plans, his advice was not to mention it to the solicitor or he'd have to mention it to the bank and who knows where that would end up. I was OK with that, but conscious a future buyer might be spooked by it, so wondering if the right way to go is to apply for retention to get it all above board? Or do people tend to just leave things be.
If it's beyond the 12 years, are there other outcomes than granting approval?chances of success are high, but can vary between authorities.
They can decline retention, but can't force removal. The refusal would be on record that a future purchaser or their solicitor would likely see. If the current or future owner was to seek planning for any further development in the future, the LA could make it a condition that the non-compliant work was remediated to their satisfaction.If it's beyond the 12 years, are there other outcomes than granting approval?
Hate to say it but have actually seen a scenario where an architect did a survey allegedly on compliance with original planning, only to discover later on that there was issues with compliance and it was not clear how they were resolved."is therefore unlikely to come on the market in the next 20/30/40 years."
Circumstances change- death, divorce etc.,
"Surely when it eventually comes on the market no-one is going to compare it to its original planning permission specification??"
It is precisely because people cannot be trusted to build in compliance with permission granted that an Architect/Engineer will have to certify compliance or not with the permission if the owner needs to sell.
"Who is to say that the extra 25 sq metres wasn't an extension built on in the intervening 30 odd years or a door or a window was moved?"
Still needs certification.
mf
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