council fees due after 5 years

mitty87 · 21-11-2011 11:42am #1

Hi there, im an just wondering about county council fees. Is there any statute of limitations in relation to council fees? a neighbour built a house 5 years ago and there were council fees due of about 10 grand and they were never paid now the council have come back to him 5 years later demanding them in 14 days.

Can the council do this after a period of 5 years? Thanks.

BrianD · 21-11-2011 2:20pm

It would be bad form but if that's what the person agreed then they are still collectable.

Mr. Presentable · 21-11-2011 2:26pm

He owes the money, he knows he owes the money, he's had five years to pay it. He should be paying it with interest. I bet he also complains about the quality of services provided by the council.

mitty87 · 21-11-2011 3:01pm

No, no complaints at all, only that it's strange that they havent been in contact sooner, 5 years is a long time and having 14 days to pay that amount seems to be extreme, especially these days... Im only asking if there might be statute of limitations in place on the amount of time that has passed...I can't seem to find anything in relation to this. Has anybody ever heard of the council doing this before?

Mountjoy Mugger · 21-11-2011 3:06pm

Statute of limitations is six years, afaik.

nuac · 21-11-2011 3:45pm

The limitation period for a simple contract debt is six years from acknowledgement or part payment.

If the payment is due under condition in a planning permission Council;s right to collect by planning enforcement may not be limited to six years.

Talk to them

Victor · 21-11-2011 8:48pm

One wonders did the neighbour submit a commencement notice and the council was, until now, unaware of the construction of the building. I think he should talk to the council and see if a payment schedule or other arrangement could be arranged. It he deals with them respectfully, they are likely to agree with something, but they might really like to have it for the end of year accounts.

Mr. Presentable wrote: »

He owes the money, he knows he owes the money, he's had five years to pay it. He should be paying it with interest.

Not interest, but the amount may have to be adjusted by the percentage increase in the Capital Goods index.

nuac · 21-11-2011 9:05pm

Mitty 88,

If this liability arises from a planning permission, check the actual permission - some have the figure indexlinked , some do not.

Regarding a limitation period, the usual period under the Planning Act is 7 years ( s 157 PDA 2000)

However S 157(4)(b) says proceedings may be commenced at any time for breach of condition concerning the use of land subject to the permission.
Council may claim that failure to pay the levy is a breach of that condition

Talk to your solicitor

council fees due after 5 years

Comments