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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have made an Extension, and a planning officer has attended

Resolved Question:

I have made an Extension, and a planning officer has attended the property and states its in breach, as their was no planning permssion taken, any retrospective planning permission will most likely be declined. Toe keep the question simple, he says it is very possible the extension has to be taken down in the near future.
If i sell the Propertry (to a Family Member), will the extension still need to be taken down ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
I am afraid that any breach of planning permission is "tied" to the property, so even if the ownership changes hands, the COuncil can still take enforcement action against the new owner.
Therefore, transferring the property won't help solve your problem I'm afraid.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Kind Regards
Al
Customer: replied 1 year ago.
What if i Let the property and sign a Tenancy Agreement with another person? Will / can the council force demolition/Correction on the extension, which is in effect tied into a Tenancy and a third party (the tenant) has a legal right to reside in the Dwelling?
Expert:  Aston Lawyer replied 1 year ago.
Hi,
At the end of the day, the Council have 4 years to take enforcement action and if this were to involve asking the owner to demolish it, it would not matter who was living in the property- the extension would still have to come down, as the Council would have the requisite power.
Sorry.
Al
Customer: replied 1 year ago.
Any Other Route You Can Advise?
Expert:  Aston Lawyer replied 1 year ago.
I'm afraid there isn't- all you can do is get in touch with a planning consultant and see if they can weave their magic and obtain retrospective planning permission for you.
All the best
Al
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