Planning conditions expire?

billy_beckham

Hi,

Is there a time limit on planning conditions?

We were supposed to plant some tree's but never got round to it. We are now thinking of selling and are wondering if it would be an issue.

Planning was granted 2004.

Thanks.

Gumbo

When the buyers surveyor asked for a cert of compliance, can this be furnished by you, the vendor?

If you have this cert already then it should be ok.

billy_beckham

Gumbo wrote: »

When the buyers surveyor asked for a cert of compliance, can this be furnished by you, the vendor?

If you have this cert already then it should be ok.

We are only thinking of selling...

Who can supply this cert?

As per my question , is there any time limit on conditions?

Gumbo

billy_beckham wrote: »

We are only thinking of selling...

Who can supply this cert?

As per my question , is there any time limit on conditions?

Yes. 12 years from memory. But that’s irrelevant.
Nobody can give you a cert of compliance with the planning of the conditions have not been complied with.

yurtyaherne

Enforcement action can only be taken by the local authority for 12 years after the Grant date. (7 years from expiration of the planning permission).

Some of the tree planting/landscaping conditions can require prior agreement with the planner before it commences, where a proposal is submitted and they will come back and tell you whether it complies with x condition or not, then the works would be carried out.

If the trees were never planted, the condition wasn't complied with.

mickdw

It is still a compliance issue at this stage.
A cert of compliance will be required at sale time however cert can be issued noting non compliance with condition x y or z. If deemed minor, the sale would proceed - ultimately, purchasers mortgage company would decide if happy to lend or not.

VANG1

You could easily plant saplings very cheaply to comply.

Dudda

VANG1 wrote: »

You could easily plant saplings very cheaply to comply.

I agree with this. People paint the house, clear out rooms and tidy it up to help with selling all the time. Planting a few saplings in this case will also help. It really is the simplest solution. Just get cheap ones. If you sell and they all die a year or two later it's not your problem.

The Continental Op

The trees could have been planted and died by now how would anyone looking for a cert of compliance know that?

Dudda

The Continental Op wrote: »

The trees could have been planted and died by now how would anyone looking for a cert of compliance know that?

They'd have to be present when the cert is signed. If I was asked to sign the cert I'd be looking for them to be replanted if they'd died or cut down.