Breach of planning condition for converted property If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

[samir]

Hi,

Wondering if anyone can help here.

I purchased a new studio flat which was built over an existing shop, about 3.5 years ago. The sale went through shortly after the property was completed.

The studio, and 3 other flats/studios, were all constructed at the same time.

The development is in a conversation area, and the council imposed a condition on the grant of planning permission to say that "new windows must be painted timber" (because the development is in a conservation area).

We had a letter through from planning officers recently saying that we must replace the windows because they are in breach of the condition, otherwise they will impose a Breach of Planning Condition Notice.

I appreciate that the council are within their right to say I'm responsible (caveat emptor, etc) but would I have any recourse to make a claim against any of the following:

- My mortgage lender's surveyor (who in reply to "Is the property of Architectural or Historic Interest, listed, or in a Conservation Area?", answered "No");
- The developer (who didn't comply with the planning conditions);
- My solicitor (who handled the transaction - I've checked my files and they did not advise me of anything unusual when carrying out the usual searches done as part of a property purchase).

Thanks in advance.

Samir

[stoneyboy]

samir,
You really need to take legal advice on this - solicitors will asses your situation and give you an opinion but this may cost you a fee.
end

[samir]

Thanks stoneyboy

I was going to do that anyway, but was hoping for a quick & dirty yes/no/maybe

I guess I got a maybe

Cheers though