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Possibly forced to undo conversion of house to flats?

Started by Demeisen, October 31, 2016, 10:22:53 AM

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Demeisen

I'm a 50% freeholder of of a terraced house that's been converted into two flats. I also own a long leasehold on the downstairs flat (where I live). The other 50% freeholder owns the leasehold of the upstairs flat.

The conversion was done less than 10 years ago by a third party who no longer has an interest in the property. Planning permission was not obtained.

If the council decide that the conversion must be undone, what is my status with regard to the flat/house?

- is it likely that the council will demand this? Its within 10 years which seems to be the cut-off for a change of purpose for a single dwelling

- presumably the leaseholds would become invalid? Would we each just own 50% of a single house? If so, how might we move forward?

Hippogriff

Is this entirely theoretical, or has there been noises made by the authorities?

Demeisen

Actually, I'm considering alerting the council myself.

As my flat is a 1 bedroom and the upstairs is 4/5 beds, I suspect the enforcement of the planning rules, and a subsequent voiding of the leases (if this did occur) might leave me better off (although in a rather odd ownership position and with a probably rather annoyed joint-freeholder).

Sorry if this seems rather cynical. I've been trying to persuade the other freeholder that soundproofing is needed (as I'm woken up by noise from above most nights and mornings) and they're just not interested in discussing it, so I'm considering all options now.