Simon posted
No enforcement action can be started relating to a structure built more
than one year ago. So the simplest remedy is to sack your solicitor and
forget that he wasted everybody's time asking for BR approvals. If you
are asked the same question when you come to sell the property, pass
this information on to your purchaser, and advise him to sack his
solicitor too.


Not strictly trust as I understand it.

It's as strictly true as anything in law ever is.


"You can't be served with a section 36 enforcement notice more than 12
months after the date of completion of the building work, but this does not
affect a local authority's (or any other person's) right to apply to the
courts for an injunction for the same purpose" See Cottingham v Attey Bower
& Jones

However I am not aware of a case, where this has happened.

It is never used because it is a very expensive procedure that is very
likely to cost the local authority (and its ratepayers) a lot of money
to no purpose whatsoever. Many BR departments, including my own LA's,
publicly state that they wouldn't do it except maybe where some building
is a major public hazard.


Nevertheless, as a solicitor is keen to cover their own back

.... i.e. justify their own fees ...

they will
usually insist on indemnity, even though there will never be a claim on it.

--
PeteM

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