Planning and the '7 year rule'

Escapees

Everyone talks about the 7 year rule in relation to a structure or building that was built without planning more than 7 years (and something like 63 days!) ago. Essentially, the local authority can't take legal action against you but obviously there's still no guarantee you will ever get retention etc.

First question: I can't find any discussion at all on the big elephant in the room in relation to this 7 year rule -> how the heck can you prove that the building was actually built more than 7 years ago?! Let's say it was built 8 years ago and you have no receipts from builders at the time etc. etc. The only thing I can think of might be OSI aerial photos like what you see on Google maps but I'm not sure you can get hold of these for a particular year in the past etc... Has anyone ever been in this situation?

Second question: If the building wasa put there without planning permission, then so was the septic tank. I know the local authority can't take you to court over the building if it's there more than 7 years, but surely you can't be allowed to use the building if your septic tank is polluting the local area. No-one ever talks about this issue - in theory, you could be posing an environmental hazard to local waterways and I can't see how nobody could take action against you for this, even though it might have been like this for over 7 years?

BryanF

Environmental hazard has nothing to do with planning

Gumbo

With regards to the LA proving how long a structure is in place - we buy aerial maps for the whole city when they are released. Sometimes OSi, sometimes private contractors.

The Plan Enf section have access to those maps so they can see back a few years.
Also google maps is a good indication as it is time stamped by year. These are both acceptable in court and have been used before.

Also, an affidavit from the home owner will not be argued with generally unless the section is 100% sure they are being untruthful.

Don't forget the 7 year rule only allows the owner not to be chased through the courts by the LA. if the owner wants to sell it could stop a sale, and the. The hassle could be passed on to children who will have to deal with the mess after you have passed on.

Calahonda52

Time to lock this before we have any more escapees:eek:

Escapees

Calahonda52 wrote: »

Time to lock this before we have any more escapees:eek:

It's at times like this that I wished I'd put some grain of thought into my username...

Anyway, the background to all this is that I am not the rule breaker here but just a buyer who's considering purchasing the building in question. I don't condone buildings being put up without planning permission etc. but the situation is what it is. I am really trying to get all the facts on the mess that I'm potentially getting into.

A big complication is that I am only living in this area for 4 years but am required have been resident here for 7 years before I could apply for permission to build if I were to buy just a green site. The building in question is affordable and would fit my bill, were it not in legal limbo from a planning point of view. And I have a feeling the 7 year residency requirement means that I would not even be able to apply for planning retention for a few years and therefore won't be allowed to legally address any septic tank issues.

With regards the septic tank issue, has anyone ever come across this situation? As in, could the EPA or LA come knocking on my door in the future and screw me in court or force me to stop living in the home?

Angry bird

Escapees wrote: »

It's at times like this that I wished I'd put some grain of thought into my username...

Anyway, the background to all this is that I am not the rule breaker here but just a buyer who's considering purchasing the building in question. I don't condone buildings being put up without planning permission etc. but the situation is what it is. I am really trying to get all the facts on the mess that I'm potentially getting into.

A big complication is that I am only living in this area for 4 years but am required have been resident here for 7 years before I could apply for permission to build if I were to buy just a green site. The building in question is affordable and would fit my bill, were it not in legal limbo from a planning point of view. And I have a feeling the 7 year residency requirement means that I would not even be able to apply for planning retention for a few years and therefore won't be allowed to legally address any septic tank issues.

With regards the septic tank issue, has anyone ever come across this situation? As in, could the EPA or LA come knocking on my door in the future and screw me in court or force me to stop living in the home?

When something is not planning compliant (and it's up to the seller to rectify) then what else is dodgy about the property. There are environmental laws that can be pursued through the courts if a septic tank is causing pollution, i.e. fix it or else, face fine and/or imprisonment.

Gumbo

Escapees wrote: »

It's at times like this that I wished I'd put some grain of thought into my username...

Anyway, the background to all this is that I am not the rule breaker here but just a buyer who's considering purchasing the building in question. I don't condone buildings being put up without planning permission etc. but the situation is what it is. I am really trying to get all the facts on the mess that I'm potentially getting into.

A big complication is that I am only living in this area for 4 years but am required have been resident here for 7 years before I could apply for permission to build if I were to buy just a green site. The building in question is affordable and would fit my bill, were it not in legal limbo from a planning point of view. And I have a feeling the 7 year residency requirement means that I would not even be able to apply for planning retention for a few years and therefore won't be allowed to legally address any septic tank issues.

With regards the septic tank issue, has anyone ever come across this situation? As in, could the EPA or LA come knocking on my door in the future and screw me in court or force me to stop living in the home?

Are you buying with cash or a mortgage?
The bank will stop the sale once the planning issues come to light and they will during the survey or legal search.

Escapees

kceire wrote: »

Are you buying with cash or a mortgage?
The bank will stop the sale once the planning issues come to light and they will during the survey or legal search.

No bank involved - property is understandably quite cheap!

Angry bird

As I said on the other thread, forget about planning. The question is has it recently been lived in or has it been abandoned, what's it current/last use and when?

BryanF

https://support.google.com/earth/answer/148094?hl=en

Escapees

Angry bird wrote: »

As I said on the other thread, forget about planning. The question is has it recently been lived in or has it been abandoned, what's it current/last use and when?

Thanks Angry bird. It's only been used seasonally as a summer home I think. When you say forget about planning, do you mean it's the least of my worries or that there's not a hope of getting it sorted?

Angry bird

I think a long shot at getting it sorted hence the low price

Escapees

Angry bird wrote: »

I think a long shot at getting it sorted hence the low price

Would you know who is the best person (e.g. an architect?) or agency (e.g. planning or environmental) to talk to about the odds here?

Gumbo

Escapees wrote: »

Would you know who is the best person (e.g. an architect?) or agency (e.g. planning or environmental) to talk to about the odds here?

Engage an architect, technician or similar to approach the planning department with your proposal.