Re Building regs/planning for cladding on pine end..

[iash101]

Id just like to say Hi to everyone first before I pick your brains on an issue i have...My names Ash im from neath in south wales...

I purchased a end of terrace property back in november 2011.I have recieved a letter today from the local building control regarding the lack of building regs and planning for timber cladding the previous owner had fitted to the pine end of the property...

I spoke to the council today who have told me iv goto apply for building regs at a cost of £200.They also told me that its also been passed onto the planning concent department which im sure will result in a lot more extra cost..
I need to know whare i stand as i would have thought the solicitor should have picked this up from the searches and survey carried out on the property when purchasing..

So i need to know is it a case of the solicitor being at fault and should they except liability?? or does it fall into my hands??

I would realy apreciate some advice as its stressing me out quite a lot..

Thanks everyone!!!
Ps i phoned the solicitor and was told she on anual leave untill next monday...

 

[^woody^]

Whether the Solicitor has messed up or not would depend on the information asked for and given

You should not need planning permission for cladding unless in a conservation area or national park or similar. Either if so, no permission is required for repair/replacement

For b/regs, presumably they are after you for the replacement of more than 25% of the cladding.

So has it all been replaced or is it new?

 

[freddiemercurystwin]

A search by a solicitor will not reveal issues that have not yet been raised by the local authority. A survey ought to have though.

 

[iash101]

Thanks for your time Woody.

I believe the cladding is new.The guy in the building regs department told me that it was actualy planning that informed them and planning are looking into it and will be in contact in due course.It realy gets my hair up as the house is one of the nicer looking ones in the street there are a few rental propertys that look like a pile of crap!

 

[iash101]

A search by a solicitor will not reveal issues that have not yet been raised by the local authority. A survey ought to have though.

Thanks freddy!!!

so do you think i could raise the issue with the survey company???

 

[freddiemercurystwin]

Maybe, is there any mention of the cladding in your survey? What kind of survey was it? So there was no cladding there before?

 

[iash101]

Maybe, is there any mention of the cladding in your survey? What kind of survey was it? So there was no cladding there before?

Just aske a neighbour there was no cladding there before..Ill have to get the survey out tomorrow but it was just a basic survey the mortgage company instructed..

 

[^woody^]

Just aske a neighbour there was no cladding there before...

That is a concern in itself. Why was it cladded? (rhetorical)

 

[mointainwalker]

but it was just a basic survey the mortgage company instructed

If you didn't pay for it, I am fairly certain that you have no come-back, whatever it said.

 

[tony1851]

If it has been like this for more than 4 years, it is out of time for enforcement action by the planning dept. For Building Control issues, it is normally two years, though action could be taken at any time if they believed it constituted a danger to anyone (eg would the cladding pose a fire risk to or from the adjoining property?).
Don't be bulldozed by the Council into paying for this, that or the other.
If they can't prove precisely when it was done, they would be on shaky ground if they tried to take any enforcement action.

 

[freddiemercurystwin]

If they can't prove precisely when it was done, they would be on shaky ground if they tried to take any enforcement action.

Actually it is the applicant who would have to prove things not the other way round.

 

[tony1851]

Agreed; if an Enforcement Notice was served, one of the grounds of appeal would be that it is out of time and the appellant would need to show that it was in fact out of time, to the satisfaction of the Planning Inspector.

However, if the appellant didn't know when the development took place (and stated this fact on a Planning Contravention Notice), then presumably the Council would need to have compelling evidence that it wasn't out of time before taking action.

In practice, I've seen some LPAs back off when no-one seems quite sure when something was done.