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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Alteration to some balconies on a block of flats .no planning

Resolved Question:

Alteration to some balconies on a block of flats .no planning permission was asked. How many years have to go by ,before it is legal
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if the freeholders or leaseholders carried out the alterations please?

Customer: The freeholders did the alterations
Joshua :

Thanks. Do you know if the alterations were made in breach of an existing planning condition associated with a previous planning permission or simply without obtaining planning permission but not otherwise in breach of a condition?

Joshua :

Would you like to continue?

Customer: Balconies were enlarged without permission . Not in breach of any previous notice
Joshua :

Thank you.

Joshua :

The local authority cannot take action in respect of the alterations after the expiry of 4 years from the completion of the work if the work was carried out without permission but otherwise not in breach of any existing planning condition.

Joshua :

For your information, though from what you say it does not apply, if the balconies had been altered in breach of an existing condition, the period would be 10 years.

Joshua :

If the landlord can demonstrate that the works is more than 4 years old, ideally with invoices for the works and witness statements or other supporting evidence it can apply for a certificate of retrospective consent though it should not do so until it has solid evidence as above as this will alert the council to the issue which would be unfortunate if the landlord is a little flimsy on its evidence.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

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