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Is there a time limit on property alterations that didn't have planning permission?


Angelina

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My flat has had internal reorganisation of rooms - approx 10 years ago and a new lease secured since then. The freeholder has recently said his intention of forcing the original layout to be applied (but funnily says he doesn't know what it was)


Does anyone have any experience of this, please?

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Changing an internal layout of rooms does not require council planning permission - there will be building regs issues when/ if load bearing walls are removed. However I suspect that a landlord could require restoration on any unauthorised changes to a rented flat. If your flat is leasehold (i.e. you own it, but someone else holds the property freehold) - then I think it would depend on what the lease says about work on the flat. Clearly a freeholder has an interest in alterations which might impact the structural integrity of the property - and I suppose if the lease is short then in the value of the property per se - a 2 bed property may have a higher value than a one large bed property, for instance.


If it is a leasehold property and the lease is silent about internal re-organsiation (outwith structural issues) then I think one could argue that a 10 year old change (with a new lease given on the changed property) would give a good case to resist the freeholder. Indeed one could argue that the lease being renewed on the altered property immediately validates the alteration.


But your best recourse is to get qualified advice from a solicitor - this will cost money initially but may save your more money and grief down the line.

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  • 10 months later...

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