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Buying or selling property? Check the planning permission

We have noticed a significant increase in enquires from people who are in the process of selling or buying residential and commercial properties.  In the majority of cases the property survey has flagged up an alteration or addition that does not benefit from permitted development rights or planning permission.

With Council Enforcement departments becoming increasingly proactive, many purchasers are put off buying properties that do not have all of the relevant certificates and permissions in place.

If you are in the process of selling or buying a property please make sure that all of the permissions are in place as YOU will be liable for the breach in planning once the property has come into your ownership.

For most residential properties, if the breach was in excess of 4 years you will be able to apply of a Certificate of Lawfulness for an existing use.  Please see our Certificate of Lawfulness page for more details http://plainview.co.uk/services/certificate-of-lawfulness

If the breach has been within the last 4 years or not enough evidence can be produced to prove that the breach occurred over 4 years ago then a retrospective planning application maybe required.

This can be a nasty and costly surprise to both purchasers and sellers, so taking appropriate action at the earliest opportunity is thoroughly recommended.

Also, it is always worth checking any conditions attached to planning permissions on your new property such as removal of permitted development rights or restrictions on opening hours. Ignorance of these planning conditions will be no defence should enforcement action be instigated.

If you are in the process of selling or buying a property and you have concerns over a potential breach in planning control please contact James Nicol (james@plainview.co.uk / 01242 501003)  and he will be happy to advise you of the most appropriate path to take.