Has anybody here done this?

I converted our house into two flats and built a standalone garage 5
years ago. But we are now selling the house and I believe that a
certificate of established use would be a good thing to get.

Is it a fairly straightforward process?

TIA

H.

"Hawi:" wrote in message
...
Has anybody here done this?

I converted our house into two flats and built a standalone garage 5
years ago. But we are now selling the house and I believe that a
certificate of established use would be a good thing to get.

Is it a fairly straightforward process?


It is actually a certificate of lawful use. Assuming the building is not
listed or in a conservation area then it should be straightforward. You need
to prove that the work was done at least four years ago. However, you will
also need to get building regulations approval as well before you can sell
it and that may be more difficult and costly. You need to go and talk to the
local planners and building control.

Peter Crosland

On Nov 29, 3:36 pm, "Peter Crosland" wrote:
"Hawi:" wrote in message

...

Has anybody here done this?

I converted our house into two flats and built a standalone garage 5
years ago. But we are now selling the house and I believe that a
certificate of established use would be a good thing to get.

Is it a fairly straightforward process?

It is actually a certificate of lawful use. Assuming the building is not
listed or in a conservation area then it should be straightforward. You need
to prove that the work was done at least four years ago. However, you will
also need to get building regulations approval as well before you can sell
it and that may be more difficult and costly. You need to go and talk to the
local planners and building control.

Peter Crosland

what's the time limit for BRegs to be "out of time" - is that the 4
years you mention or is that for PP or both?

presumably the OP could also look into purchasing an indemnity (for
the benefit of the purchaser) against future issues with either BR or
PP?

JimK

"JimK" wrote in message
...
On Nov 29, 3:36 pm, "Peter Crosland" wrote:
"Hawi:" wrote in
message

...

Has anybody here done this?

I converted our house into two flats and built a standalone garage 5
years ago. But we are now selling the house and I believe that a
certificate of established use would be a good thing to get.

Is it a fairly straightforward process?

It is actually a certificate of lawful use. Assuming the building is not
listed or in a conservation area then it should be straightforward. You
need
to prove that the work was done at least four years ago. However, you
will
also need to get building regulations approval as well before you can
sell
it and that may be more difficult and costly. You need to go and talk to
the
local planners and building control.

Peter Crosland

what's the time limit for BRegs to be "out of time" - is that the 4
years you mention or is that for PP or both?

presumably the OP could also look into purchasing an indemnity (for
the benefit of the purchaser) against future issues with either BR or
PP?


Unless the BR side is regularised the OP may find it impossible to sell
because the potential purchaser's solicitor is likely to advise their client
to insist on it. There may also be issues regarding the multiple occupancy.
If the OP has not notified the local authority there is likely to be an
issue with the position regarding Council tax. A can of worms in fact.

Peter Crosland

On Sun, 29 Nov 2009 19:24:53 -0000, "Peter Crosland"
wrote:

"JimK" wrote in message
...
On Nov 29, 3:36 pm, "Peter Crosland" wrote:
"Hawi:" wrote in
message

...

Has anybody here done this?

I converted our house into two flats and built a standalone garage 5
years ago. But we are now selling the house and I believe that a
certificate of established use would be a good thing to get.

Is it a fairly straightforward process?

It is actually a certificate of lawful use. Assuming the building is not
listed or in a conservation area then it should be straightforward. You
need
to prove that the work was done at least four years ago. However, you
will
also need to get building regulations approval as well before you can
sell
it and that may be more difficult and costly. You need to go and talk to
the
local planners and building control.

Peter Crosland

what's the time limit for BRegs to be "out of time" - is that the 4
years you mention or is that for PP or both?

presumably the OP could also look into purchasing an indemnity (for
the benefit of the purchaser) against future issues with either BR or
PP?


Unless the BR side is regularised the OP may find it impossible to sell
because the potential purchaser's solicitor is likely to advise their client
to insist on it. There may also be issues regarding the multiple occupancy.
If the OP has not notified the local authority there is likely to be an
issue with the position regarding Council tax. A can of worms in fact.

Peter Crosland


Hi again.

My initial enquiries told me that BRs aren't an issue with a
certificate of lawful use, but it would be helpful to know for sure.
I'll see if my local planning dept will help. Each flat is already
regiistered as a seperate property for council tax and multiple
occupancy has been established for five years now.

Does this help?

Thanks again..

On Mon, 30 Nov 2009 09:15:37 +0000, "Hawi:"
wrote:

On Sun, 29 Nov 2009 19:24:53 -0000, "Peter Crosland"
wrote:

"JimK" wrote in message
...
On Nov 29, 3:36 pm, "Peter Crosland" wrote:
"Hawi:" wrote in
message

...

Has anybody here done this?


My initial enquiries told me that BRs aren't an issue with a
certificate of lawful use, but it would be helpful to know for sure.
I'll see if my local planning dept will help. Each flat is already
regiistered as a seperate property for council tax and multiple
occupancy has been established for five years now.

Does this help?

Thanks again..


If you've not been in touch with the council then is an indemnity
certificate the way to go?
--
http://www.Christmasfreebies.co.uk
http://www.holidayunder100.co.uk

--
Peter Crosland
"Hawi:" wrote in message
...
On Sun, 29 Nov 2009 19:24:53 -0000, "Peter Crosland"
wrote:

"JimK" wrote in message
...
On Nov 29, 3:36 pm, "Peter Crosland" wrote:
"Hawi:" wrote in
message

...

Has anybody here done this?

I converted our house into two flats and built a standalone garage 5
years ago. But we are now selling the house and I believe that a
certificate of established use would be a good thing to get.

Is it a fairly straightforward process?

It is actually a certificate of lawful use. Assuming the building is
not
listed or in a conservation area then it should be straightforward. You
need
to prove that the work was done at least four years ago. However, you
will
also need to get building regulations approval as well before you can
sell
it and that may be more difficult and costly. You need to go and talk
to
the
local planners and building control.

Peter Crosland

what's the time limit for BRegs to be "out of time" - is that the 4
years you mention or is that for PP or both?

presumably the OP could also look into purchasing an indemnity (for
the benefit of the purchaser) against future issues with either BR or
PP?


Unless the BR side is regularised the OP may find it impossible to sell
because the potential purchaser's solicitor is likely to advise their
client
to insist on it. There may also be issues regarding the multiple
occupancy.
If the OP has not notified the local authority there is likely to be an
issue with the position regarding Council tax. A can of worms in fact.

Peter Crosland


Hi again.

My initial enquiries told me that BRs aren't an issue with a
certificate of lawful use, but it would be helpful to know for sure.
I'll see if my local planning dept will help. Each flat is already
regiistered as a seperate property for council tax and multiple
occupancy has been established for five years now.


Planning permission is an entirely separate issue from BR. You will need to
apply for and get a certificate of lawful use. Any solicitor worth their fee
is going to advise their client to insist on the BR side of things
regularised. You also need to consider the question of who is going to be
the freeholder as leasehold flats are very difficult, and often impossible,
to get mortgages for. One possible solution is for the freehold to remain
with the flat on the ground floor. Really you need to go and get some paid
for legal advice on the whole enterprise.

Peter Crosland

"mogga" wrote in message
...
On Mon, 30 Nov 2009 09:15:37 +0000, "Hawi:"
wrote:

On Sun, 29 Nov 2009 19:24:53 -0000, "Peter Crosland"
wrote:

"JimK" wrote in message
...
On Nov 29, 3:36 pm, "Peter Crosland" wrote:
"Hawi:" wrote in
message

...

Has anybody here done this?


My initial enquiries told me that BRs aren't an issue with a
certificate of lawful use, but it would be helpful to know for sure.
I'll see if my local planning dept will help. Each flat is already
regiistered as a seperate property for council tax and multiple
occupancy has been established for five years now.

Does this help?

Thanks again..


If you've not been in touch with the council then is an indemnity
certificate the way to go?


He is unlikely to be able to do so as he clearly knows the situation is
irregular.

Peter Crosland

On Nov 30, 12:43 pm, "Peter Crosland" wrote:

If you've not been in touch with the council then is an indemnity
certificate the way to go?

He is unlikely to be able to do so as he clearly knows the situation is
irregular.

if all was "regular" we wouldn't need such indemnities

NB steady on with the "go get paid advice" advice (remembering a
recent tiff on UKDIY....) :)

JimK

On Mon, 30 Nov 2009 12:41:06 -0000, "Peter Crosland"
wrote:

Hi again.

My initial enquiries told me that BRs aren't an issue with a
certificate of lawful use, but it would be helpful to know for sure.
I'll see if my local planning dept will help. Each flat is already
regiistered as a seperate property for council tax and multiple
occupancy has been established for five years now.


Planning permission is an entirely separate issue from BR. You will need to
apply for and get a certificate of lawful use. Any solicitor worth their fee
is going to advise their client to insist on the BR side of things
regularised. You also need to consider the question of who is going to be
the freeholder as leasehold flats are very difficult, and often impossible,
to get mortgages for. One possible solution is for the freehold to remain
with the flat on the ground floor. Really you need to go and get some paid
for legal advice on the whole enterprise.

Peter Crosland

I will do that Peter. But it really isn't as complicated as you
assumed. Freehold, leashold etc does not come into it. We will be
selling the building as a whole; - split as two flats. They have been
split and used as such for 5 years.

Peter Crosland wrote:
[...] You also need to consider the question of who is going to be
the freeholder as leasehold flats are very difficult, and often impossible,
to get mortgages for. One possible solution is for the freehold to remain
with the flat on the ground floor.


Other way round I would say. In England & Wales at least. Leasehold
flats are the norm, getting a mortgage on a freehold flat would be
a problem. The introduction of 'commonhold' a few tears ago hasn't
really changed things either. Without the mutual obligations created
by a leashold (or commonhold) it is very difficult to make other
occupants of the building carry out essential repairs

--
djc

Peter Crosland wrote:
[...] You also need to consider the question of who is going to be
the freeholder as leasehold flats are very difficult, and often impossible,
to get mortgages for. One possible solution is for the freehold to remain
with the flat on the ground floor.


Other way round I would say. In England & Wales at least. Leasehold
flats are the norm, getting a mortgage on a freehold flat would be
a problem. The introduction of 'commonhold' a few tears ago hasn't
really changed things either. Without the mutual obligations created
by a leashold (or commonhold) it is very difficult to make other
occupants of the building carry out essential repairs

--
djc
--
djc @work