How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I own a one bedroom flat which is one of 16 in a purpose built,

Customer Question

I own a one bedroom flat which is one of 16 in a purpose built, privately owned block. In 2004 I had my old single glazed windows replaced with doubled glazed ones. Of the 4 windows and 1 door I had replaced, 2 windows did not exactly mirror the design of the old ones. In one, the opening section is slightly larger and in the other there is now 2 opening sections where previously there was only one. The windows were installed by a reputable company and was accompanied by a FENSA certificate which stated the windows met the legislations set out by the government at the time and that my local council had been notified of the installation.
The property management company of the block I live in has recently written to me stating that it has come to their attention that I have replaced my windows (9 years after the fact!) and that I hadn't applied for planning permission from the local council because the management company would have been informed if I had. They say I needed planning permission because the new windows were not exactly the same as the old ones.
However, as earlier stated, the council was informed of the installation by FENSA.
At that time I was unaware I needed planning permission and thought the fact that the council had been notified made everything legal.
Could you please advise? Did I need planning permission and if I did what am I legally obliged to do now?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

There are two issues here:
1. Unless there is a restriction in your lease against this they cannot take any action against you;
2. It is not the property management company's job to enforce planning restrictions. This can only be done by the council who have the power to serve enforcement notices.

I would write to the management company and say you appreciate their concern but you understand this to be an issue with you and the council and therefore see no reason to discuss it with them any further.

I would note that as there has been no wilful concealment of this, the fact that 9 years have elapsed means that the council would be barred from taking enforcement action anyway. I believe the time limit is actually four years for this type of building work.

Kind regards

AJ
Customer: replied 3 years ago.


Thank you for your reply. I completely agree that the management company have exceeded their authority in asking about planning permission. However is the 4 year rule right? I have read on some websites that in certain circumstances 10 years apply

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

My understanding of the legislation (which is open to interpretation) is that the ten year limit applies to where you have changed the use of dwelling or piece of land. If you are carrying out building works that do not change the use known as "operational development" the time limit is 4 years.

I would avoid getting into an argument with the council about planning if you can.

Note I have also assumed the building is not grade listed or anything?

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Again thank you for your reply .You are right, the building is not listed or anything, so your advice is gratefully received .


 


Kind regards


 


Peter

Expert:  Alex J. replied 3 years ago.
Hi,

Many thanks for your feedback.

I wish you the best of luck.

Kind regards

AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice