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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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If a leasehold property previously had structural work undertaken

Resolved Question:

If a leasehold property previously had structural work undertaken without permission and was later given retrospective consent by the Freeholder by way of a Deed supplemental to the lease, registered at the Land Registry, does this mean that all consents were obtained in order to grant this consent?
The leaseholder at the time had to pay a large sum of money for this to the Freeholder.
Would the Freeholder have had to seek Planning/Building consent from the local authority prior to granting the Retrospective consent or can they grant retrospective consent regardless?
-The work done was the removal of a partition wall between a kitchen and lounge.
-I do not believe it was a structural wall as it is a converted Victorian flat so the wall would have been installed as part of the original conversion of the building into flats in 1994.
-The Deed was dated in 2003.
What I want to know is from a legal point of view, if the Retrospective Consent granted by the Freeholder covers everything?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. In this situation the retrospective consent by the freeholder to the works done by the leaseholder is sufficient for all purposes. This is because there is no need to planning permission or for permission from Building Control to the works done. Planning permission is not needed for the removal of an internal wall. Nor does one involve Building control once the works have been completed. So you are safe to go ahead without any further consents.
Expert:  Buachaill replied 1 year ago.
2. Please RATE the Answer as unless you RATE the Answer your Expert receives no payment so there is no incentive to answer any further questions.
Customer: replied 1 year ago.

Thank you for your answer. It is a property I own but I wasn't made aware of these issues by the previous owner or my conveyancer when I purchased it 8 years ago.

It has only come to my attention now as I am just about to remortgage the property and was putting together leasehold information for the conveyancer and I found the Deed in addition to the standard lease.

For the question that is asked in the pack if there have been any structural changes to the property since it was built, do I have to answer Yes as it wasn't done in my lifetime of owning it? The questions then ask if Planning Permission or Buildings Approval were required and obtained.

If I have to answer Yes to the question that works have taken place, can I then safely answer that no consents were required based on the advice you have given?

The previous owner answered No in the conveyancing pack to any work being done so I am a little surprised!

Expert:  Buachaill replied 1 year ago.
2. You have to answer "Yes" to works being done. However, a consent (retrospective) was sought and granted. So you cannot answer "No" to this question. Otherwise, you are like the previous owner - you can be sued for your incorrect (fraudulent) answer.
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