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Topic Originator: da_no_1
Date: Fri 14 Jul 22:09
Wondering if we have any experts on here? Someone has complained anonymously to the council saying I`ve carried out building works to my property, namely building a front porch, garage and extension, without applying for planning permission or building warrants. All these works were carried out prior to me buying the house in 1999. I have approved drawings for the porch, dated 1990, that clearly shows the garage and extension as existing.
Where do I stand?
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: widtink
Date: Fri 14 Jul 22:13
I`m no expert but before you bought the house surely the survey would have flagged any issues.
Admin
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Topic Originator: da_no_1
Date: Fri 14 Jul 22:17
Quote:
widtink, Fri 14 Jul 22:13
I`m no expert but before you bought the house surely the survey would have flagged any issues.
Exactly what I thought. Surely would have been flagged at the time?
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: Bletchley_Par
Date: Fri 14 Jul 22:22
Make sure it`s the actually the council that is contacting you and it`s not a scam.
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Topic Originator: da_no_1
Date: Fri 14 Jul 22:27
Quote:
Bletchley_Par, Fri 14 Jul 22:22
Make sure it`s the actually the council that is contacting you and it`s not a scam.
It`s definitely legitimate. Had 2 letters and several phone calls and emails etc
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: The One Who Knocks
Date: Sat 15 Jul 08:02
So all three of the porch, garage and extension were built prior to 1991? 32 years later and someone has decided to complain? Makes me wonder if one of your neighbours had approached the council looking to do something similar and have been knocked back.
And although my eyes were open
They just might as well be closed
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Topic Originator: buffy
Date: Sat 15 Jul 09:24
Your titles will show the planning permissions and building warrants as well as any NHBC documents for extensions etc. Your lender / solicitor will have the originals. If Fife Council challenge you to show documentation I’d refer them to the above.
”Buffy’s Buns are the finest in Fife”, J. Spence 2019”
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Topic Originator: da_no_1
Date: Sat 15 Jul 09:29
Quote:
The One Who Knocks, Sat 15 Jul 08:02
So all three of the porch, garage and extension were built prior to 1991? 32 years later and someone has decided to complain? Makes me wonder if one of your neighbours had approached the council looking to do something similar and have been knocked back.
Yeah agreed. I can be an argumentative dickend on here, but I can`t think of anything I`ve done to upset anyone in the neighbourhood 😆
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: veteraneastender
Date: Sat 15 Jul 09:30
No case to answer I would suggest.
I would approach your local councillors, all of them, with an email outlining the issue.
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Topic Originator: da_no_1
Date: Sat 15 Jul 09:31
Quote:
buffy, Sat 15 Jul 09:24
Your titles will show the planning permissions and building warrants as well as any NHBC documents for extensions etc. Your lender / solicitor will have the originals. If Fife Council challenge you to show documentation I’d refer them to the above.
Thanks. Assume these are automatically transferred from lender to lender when I change companies?
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: jake89
Date: Sat 15 Jul 09:32
It`s a bit late for them on planning permission (assuming the building isn`t listed) but I don`t think there are time limits on building warrants.
I`d go with what Buffy says. If the work does need a warrant then it should be pretty straightforward provided the structures are built properly.
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Topic Originator: da_no_1
Date: Sat 15 Jul 09:48
The first very threatening letter arrived last Friday saying that I didn`t have planning permission and that i had 28 days to knock it all down. When I showed them a copy of the drawing I had from 1990 concerning the front porch etc which show the extension as existing they closed that complaint. I thought that was the end of it.
Then I received a letter yesterday from Fife Council building standards querying building warrants for the extension. I`ve lived here since 1999. Surely the original survey done then would have highlighted any issues like this? My worry is what if I can`t provide what they need? I`ll struggle to prove I DIDN`T carry out these works!
It's a Wimpey house in Kirkcaldy built in the 70s I think
"Some days will stay a 1000 years, some pass like the flash of a spark"
Post Edited (Sat 15 Jul 09:48)
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Topic Originator: dd23
Date: Sat 15 Jul 09:54
One of the things your solicitors do prior to closing is checking all permissions you should be watertight. Also it is the case that if something is built without planning permission, once it’s up for 5 years it can stay up.
Worse case scenario is if it didn’t have a building warrant it will cause you a problem when you come to sell, but you can apply for one retrospectively. But your solicitor should have spotted this, so take it up with him.
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Topic Originator: Milos Drizzle
Date: Sat 15 Jul 10:00
I’m sure it won’t come to this, but maybe you would have a claim against your solicitor if they hadn’t done their job properly.
This is my signature
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Topic Originator: OzPar
Date: Sat 15 Jul 10:26
It sounds like a call to your conveyancing solicitor is required here. Whatever way you slice it, this should fall on them to resolve.
Naturally, if I were your neighbour, I would have reported you to the council... but you would have known it was me because of the broad smile on my face.
:)
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Topic Originator: dafc
Date: Sat 15 Jul 11:29
Time limits
Planning enforcement time limits are set in legislation.
A four-year limit applies to ‘unauthorised operational development’ (the carrying out of building, engineering, mining or other operations in, on, over or under land) and change of use to a single dwelling house. After four years following the breach of planning control, the development becomes lawful, and no enforcement action can be taken.
A ten-year limit applies to all other development including change of use (other than to a single dwelling house) and breaches of condition. After ten years, the development becomes lawful if no enforcement action has begun. There is no limit regarding enforcement action being taken against unauthorised works on a listed building.
Sounds like retrospective building warrant is required at worst, seek advice or contact planning advisory service pas.org.uk which is free and say it’s urgent and someone should advice you pretty quickly.
Post Edited (Sat 15 Jul 11:32)
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Topic Originator: LochgellyAlbert
Date: Sat 15 Jul 11:45
A bit of a longshot but do you have the estate agents literature/photos from when you bought the property?
I`ve still got mine from 1978 onwards on the 3 properties I have bought.
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Topic Originator: buffy
Date: Sat 15 Jul 11:58
If you’ve changed lender since your purchase, DA, then it’s possible that your titles will have been moved to the new lender, yes. If not this can be remedied with a phone call. There’s sometimes an uplift fee but it’s small eg £20.
I’d contact your solicitor in the first instance though. Threatening letters, in whatever shape or form, are not helpful.
”Buffy’s Buns are the finest in Fife”, J. Spence 2019”
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Topic Originator: da_no_1
Date: Sat 15 Jul 12:10
Quote:
buffy, Sat 15 Jul 11:58
If you’ve changed lender since your purchase, DA, then it’s possible that your titles will have been moved to the new lender, yes. If not this can be remedied with a phone call. There’s sometimes an uplift fee but it’s small eg £20.
I’d contact your solicitor in the first instance though. Threatening letters, in whatever shape or form, are not helpful.
Cheers Buffy
The guy on the phone kept insisting it was a "generic letter" Didn`t look generic seeing as how it had my name at the top, referred to my house and suggested I knock half my hoose down within 28 days!
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: jake89
Date: Sat 15 Jul 12:46
Assuming the house is mortgaged, the solicitor would have advised you if there were out-standing warrants as this would affect the mortgage-ability of the property.
I genuinely wouldn`t be surprised if Fife Council has lost the paperwork. Remember that back in 1991 your home would`ve been overseen by Kirkcaldy District, which is the single reason Fife Council is so useless.
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Topic Originator: buffy
Date: Sat 15 Jul 12:53
I’ve got a tent and an ootside tap if ye get stuck, DA.
Dotnet rates for the additional breakfast fry up!
”Buffy’s Buns are the finest in Fife”, J. Spence 2019”
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Topic Originator: da_no_1
Date: Sat 15 Jul 13:33
Quote:
LochgellyAlbert, Sat 15 Jul 11:45
A bit of a longshot but do you have the estate agents literature/photos from when you bought the property?
I`ve still got mine from 1978 onwards on the 3 properties I have bought.
Just found them and the survey from 1999. Details all 3 alterations as part of the house when I bought it 👍👍
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: LochgellyAlbert
Date: Sat 15 Jul 14:02
👍👍👍
Thought it was just me that kept things that long!🤔😉
Post Edited (Sat 15 Jul 14:04)
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Topic Originator: buffy
Date: Sat 15 Jul 14:11
Fabby DA!
”Buffy’s Buns are the finest in Fife”, J. Spence 2019”
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Topic Originator: veteraneastender
Date: Sun 16 Jul 09:03
"Just found them and the survey from 1999. Details all 3 alterations as part of the house when I bought it 👍👍"
Nice one - I`d be of a mind to scan these key documents and email them to the Council "name" on the bottom of your nasty letter - simply asking him/her to comment further.
I`d also be asking Councillors to give an opinion.
Should never have gotten to the threatening letter stage.
Sounds like a jobsworth scenario.
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Topic Originator: da_no_1
Date: Sun 16 Jul 22:26
Quote:
veteraneastender, Sun 16 Jul 09:03
"Just found them and the survey from 1999. Details all 3 alterations as part of the house when I bought it 👍👍"
Nice one - I`d be of a mind to scan these key documents and email them to the Council "name" on the bottom of your nasty letter - simply asking him/her to comment further.
I`d also be asking Councillors to give an opinion.
Should never have gotten to the threatening letter stage.
Sounds like a jobsworth scenario.
VEE - you must have read my mind 😆
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: jake89
Date: Sun 16 Jul 22:58
I`ll bet a neighbour has had permission refused and Fife Council have then spotted your extension and assumed it didn`t have permission. The letters will be automatically triggered.
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Topic Originator: Milos Drizzle
Date: Mon 17 Jul 00:13
The fact those automatic letters bang on about ripping down parts of properties is both ludicrous and unacceptable in equal measure!
This is my signature
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Topic Originator: veteraneastender
Date: Mon 17 Jul 08:46
Do you have the dates for the approval of the building warrants ?
We’re they actioned by the former Kirkcaldy District Council or the former Fife Council prior to the former becoming part of Fife Regional Council in 1996 ?
The timeline is relevant to your case history methinks.
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Topic Originator: da_no_1
Date: Mon 17 Jul 09:38
Quote:
veteraneastender, Mon 17 Jul 08:46
Do you have the dates for the approval of the building warrants ?
We’re they actioned by the former Kirkcaldy District Council or the former Fife Council prior to the former becoming part of Fife Regional Council in 1996 ?
The timeline is relevant to your case history methinks.
I don`t have anything other than the date stamped approved plans for the front porch from 1990. Again, I bought the house in 1999.
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: The One Who Knocks
Date: Mon 17 Jul 11:26
Cards on the table, I just couldn`t take it anymore. For twenty odd years now I`ve had da no 1 parading and flaunting his fancy extensions in my face. The final straw was last.month. I`m out the front giving a leather shammy finish to my H reg Nissan Micra and he pulls up in front of his ,probably illicitly built, garage in his brand new top of the line Bugatti. He shouts over some quip about the weather and how it`s supposed to be nice all weekend. I mumble back something along the lines of it being a scorcher but inside I``m raging. As soon as he`s out of sight I`m straight on the phone to the council`s `grass a neighbour ` hotline. In my weaker moments I do feel guilty but then inevitably I hear da no 1 rev up his Bugatti Chiron as he wheel spins out of his driveway I know I`ve done the right thing.
And although my eyes were open
They just might as well be closed
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Topic Originator: wee eck
Date: Mon 17 Jul 11:50
I do worry how da no 1`s going to cope with his new-found popularity on this thread! 😊😊😊
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Topic Originator: LochgellyAlbert
Date: Mon 17 Jul 13:50
Going by the amount of extensions up Dunnikier I wouldn`t have thought DA`s would have made much of a difference!
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Topic Originator: veteraneastender
Date: Mon 17 Jul 17:34
Quote:
wee eck, Mon 17 Jul 11:50
I do worry how da no 1`s going to cope with his new-found popularity on this thread! 😊😊😊
Maybe he’s had a conversion ?
Groan……….
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Topic Originator: wee eck
Date: Mon 17 Jul 18:09
😂😂😂
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Topic Originator: Buspasspar
Date: Mon 17 Jul 19:33
Topic Originator: veteraneastender like
Date: Mon 17 Jul 17:34
Quote:
wee eck, Mon 17 Jul 11:50
I do worry how da no 1`s going to cope with his new-found popularity on this thread! 😊😊😊
Maybe he’s had a conversion ?
Groan……….
Comedy Gold .. hat doffed vee
We are forever shaped by the Children we once were
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Topic Originator: da_no_1
Date: Mon 17 Jul 21:56
Quote:
The One Who Knocks, Mon 17 Jul 11:26
Cards on the table, I just couldn`t take it anymore. For twenty odd years now I`ve had da no 1 parading and flaunting his fancy extensions in my face. The final straw was last.month. I`m out the front giving a leather shammy finish to my H reg Nissan Micra and he pulls up in front of his ,probably illicitly built, garage in his brand new top of the line Bugatti. He shouts over some quip about the weather and how it`s supposed to be nice all weekend. I mumble back something along the lines of it being a scorcher but inside I``m raging. As soon as he`s out of sight I`m straight on the phone to the council`s `grass a neighbour ` hotline. In my weaker moments I do feel guilty but then inevitably I hear da no 1 rev up his Bugatti Chiron as he wheel spins out of his driveway I know I`ve done the right thing.
Pr1ck 😆
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: veteraneastender
Date: Wed 19 Jul 11:59
When the Council formally admit they have no case - can we have a heads up please ?
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Topic Originator: da_no_1
Date: Wed 19 Jul 21:45
Of course VEE
As it stands the silence is deafening.
I emailed the guy yesterday to ask if there were any updates. No reply as yet. Will call him tomorrow
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: JTH123
Date: Thu 20 Jul 12:45
Quote:
da_no_1, Wed 19 Jul 21:45
Of course VEE
As it stands the silence is deafening.
I emailed the guy yesterday to ask if there were any updates. No reply as yet. Will call him tomorrow
Par for the course. They try to impose deadlines on you but when the tables are turned you could wait an eternity for a response. They`ll be too busy threatening other people.
When Dunfermline planning dept cocked up an approval they gave a housebuilder which affected my garden I had a face to face meeting with the officer who admitted the mistake. He gave the excuse that they were busy and shrugged his shoulders and it was case closed.
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Topic Originator: da_no_1
Date: Sat 22 Jul 09:58
Well at least I didn`t get a "generic" threatening letter yesterday. Happy days!
Phoned him twice. No reply.
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: veteraneastender
Date: Tue 25 Jul 18:41
Any further developments - or have Fife Council admitted their incompetence ?
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Topic Originator: da_no_1
Date: Tue 25 Jul 20:48
No admission yet. I`ve waited a week for a response to my email. He replied yesterday saying he`s been off last week and was still to meet with his manager to discuss my case.
I`m being diplomatic as I`ve just realised he might be one of us 😆
"Some days will stay a 1000 years, some pass like the flash of a spark"
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Topic Originator: veteraneastender
Date: Tue 25 Jul 22:10
"I`m being diplomatic as I`ve just realised he might be one of us 😆"
A made man in the Fife mafia ?
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Topic Originator: red-star-par
Date: Tue 25 Jul 22:17
Quote:
da_no_1, Tue 25 Jul 20:48
No admission yet. I`ve waited a week for a response to my email. He replied yesterday saying he`s been off last week and was still to meet with his manager to discuss my case.
I`m being diplomatic as I`ve just realised he might be one of us 😆
did you never consider until now that he might be a dafc.net poster, that has had enough of your general attitude to everyone on here and decided to mess you about a bit
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Topic Originator: da_no_1
Date: Tue 25 Jul 22:21
Quote:
red-star-par, Tue 25 Jul 22:17
Quote:
da_no_1, Tue 25 Jul 20:48
No admission yet. I`ve waited a week for a response to my email. He replied yesterday saying he`s been off last week and was still to meet with his manager to discuss my case.
I`m being diplomatic as I`ve just realised he might be one of us 😆
did you never consider until now that he might be a dafc.net poster, that has had enough of your general attitude to everyone on here and decided to mess you about a bit
Edited as I can't be bothered
"Some days will stay a 1000 years, some pass like the flash of a spark"
Post Edited (Tue 25 Jul 22:25)
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