Selling Property With An Enforcement Notice

Councils can issue enforcement notices to demand you correct unauthorised construction at your home, and the existence of such a notice may make it harder to sell the property.

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Your top questions when selling property with enforcement notice

✅ What are enforcement notices as they apply to properties?

A law named the Town and Country Planning Act 1990 gives local councils the power to issue enforcement notices that identify when a homeowner has done some construction work at their property that violates planning control, such as exceeding the scope of planning permission. These notices direct the owner to take corrective action by a set deadline.

✅ What are the various types of enforcement notice a council can issue?

The term enforcement notice is sometimes used to refer to a range of different actions that a council could take, including stop notice that says the construction work you’re doing at your property must halt immediately and that it would be an offense to continue working, a notice that your construction work should seek retroactive planning permission, and other categories.

✅ What information must local authorities include in an enforcement notice?

The exact details that a council will need to ensure is part of your enforcement notice will depend on the unique circumstances of the property, but typically these notices must include specific information about the alleged planning violation that has occurred, the date on which the notice takes effect, an explanation of the process for appealing the notice, and more.

✅ hy might an enforcement notice make it harder to sell my flat or house?

Because someone that is considering making an offer to purchase your property could be concerned that liability for complying with the notice might pass to them as the new owner of the home. And ignoring or failing to comply with an enforcement notice could ultimately result in legal action and thousands of pounds of fines, which is too much of a risk for many buyers.

✅ Should I try to appeal an enforcement notice before selling my home?

The law that established the power for local authorities to issue enforcement notices also gives homeowners who receive a notice the ability to challenge it through an appeal. This is certainly one option you could pursue but bear in mind that contesting an enforcement notice could take a very long time, cost a lot of money and there is no promise that you will succeed.

✅ Will I be required to pay fees for the sale of my home with an enforcement notice?

Not necessarily because you can avoid having to pay any commission if you opt for selling your home to a zero-fee quick buyer like LDN Properties or if you sell without any help from an estate agent or an auctioneer. But if you do decide to use an auctioneer or estate agent then they will charge you commission and this will be taken out of the eventual sale proceeds.

✅ How quickly will I find a buyer for my property with an enforcement notice?

If you decide to sell your house or flat using the services of an estate agent or auctioneer, or if you sell without any third-party help, you should anticipate waiting at least several months before finding a buyer. But if you choose to sell your home to a no-fee quick buyer like LDN Properties then the selling timeline should only be a handful of weeks from start to finish.

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