Planning permission - unlawful basement development

[leof]

I am desperate for some planning advice following buying a house. In 2011 there was an enforcement action regarding "unlawful development of the basement". This was closed by Enforcement. I now want to sell the house and sort out the legal status of the basement. I have been pressing the LA for information regarding its current status - an annex, granny flat etc. I don't know the distinction and I don't think they do! What I do know is that there is a separate entrance, cooking and toilet facilities. Water utilities and elec are shared with house. The enforcement officer can't remember the front entrance - only a temp unsafe stair cut through the floor. Its a mess and I would really appreciate your thoughts. i want to put this right but don't want to risk being asked to do enforcement work such as blocking up the door.
Thanks

 

[^woody^]

I don't understand what you are asking

 

[PRISM]

I'm assuming here that you commissioned the original work to the property in the first place, and trusted the contractors with all the necessary paperwork.
My advice would be to contact your local building control office in the first instance, and ask if they have any documentation regarding building regs applications for work done on your property in the past.
If they have that, then you should be able to clear up the issue with a building control officer, who will come and inspect the basement and tell you what you need to do to clear the mess up. You will have to pay the BCO for the inspection, and for any work needed to bring the basement up to regulation.
If there is no paperwork, then I would look to hire the services of either a building surveyor or structural engineer with planning experience who will help you out of a predicament. Call in to see one of them and explain the situation, and they will help you sort it out.
Whatever way you do it, it's going to cost you something, and if you do nothing, it's going to cost you!

 

[maltaron]

I am not a lawyer but I am confused as to what you are saying.
Was the "unlawfull development" i.e. the basement closed; or was the enforcement action closed. If the latter then surely the development is now legal, if the former then sell the house with a standard basement and not living accomodation.

 

[leof]

Apologies for the delay (thanks for the replies). I have been in hospital. Anyhow, the previous owner of the house I bought containing the basement tried letting the basement out. He got reported and a local planning officer pursued an enforcement. So what is the legal status of this "annex"? My intention is to put the paper work right with the LA.

 

[rjm2k]

Did this not come up when your solicitor did their thing? When was the basement altered? If it was closed what's the issue?

 

[leof]

It was closed by the enforcement officer on the tennant moving out and removal of kitchen. However when we bought the house a kitchen was there and I don't want a problem on resell due to planning permission

 

[luisdesign]

The only way we can really help you resolve this is by going through the paperwork that you have (and so understanding what is missing).

It sounds as though there may be a number of issues. the first is use as a separate dwelling, the second may be any unlawful work that may be notifiable.

The enforcement officer (who works alongside the planning team) will likely have been concerned with the first item. Basically they are saying that the property had no permission to be rented out separately.

This means that when you go to sell, you can only sell it as a single property and not as a property with a separate rental property.

Interestingly, it seems odd the enforcement officer would be concerned on teh presence of a kitchen, because you can have as many kitchens as you want in your own house. What would be of concern to them is ensuring that there is a connection maintained between the main property, and that there are not separate services etc.

This is where there may be a crossover with building control regulations though - because it sounds as though work may have been completed following the enforcement decision which may well have been notifiable. The result then would basically be that you may want to seek retrospective approvals from building control.

Like I said though, without fully understanding the situation or the paperwork I can't say that the above is actually correct.

 

[rjm2k]

If its closed just remove the kitchen

 

[leof]

I am not concerned with selling the basement as a separate unit. The priority is with putting the paper work right to sell the house. There appears to be an indemnity policy in place but this is void if I talk to the LA. No other paperwork exists. Not worried about the building regs at present as this is seperate. So am I correct in assuming that the status is not "granny flat" but simply a basement annex? Also the kitchen units were there when I moved in. Happy to wait out the 4 years rule. Please advise.

 

[rjm2k]

Far too little info available.

If there is an indemnity in place and enforcement has been closed then what makes you think you need to do more?

 

[luisdesign]

I am not concerned with selling the basement as a separate unit. The priority is with putting the paper work right to sell the house. There appears to be an indemnity policy in place but this is void if I talk to the LA. No other paperwork exists. Not worried about the building regs at present as this is seperate. So am I correct in assuming that the status is not "granny flat" but simply a basement annex? Also the kitchen units were there when I moved in. Happy to wait out the 4 years rule. Please advise.

I'm not sure an indemnity policy is valid any more - because the council are aware of the situation and took action. It depends on the policy that exists and what work (if any) was done AFTER this... You would probably need a new indemnity policy, but might have a hard time confirming what work it covers and what it doesnt (seeing as the council may be aware of some parts but not others).

Its all about timing and as has already been said there is too little information for us to give proper advice to you.