Local authorities are sharpening their strategy to prosecute property owners for breach of planning regulations, including subsequent purchasers, warns Stephen Levrant

It is a little known fact that breaches of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) by a property owner can have dire consequences for a subsequent purchaser of the property. At present, there appears to be no professional within the purchasing “team”, who is responsible for protecting a purchaser in this matter. Or, rather, conveyancing solicitors and/or surveyors might be held negligent for failure to properly advise intending purchasers of their liabilities in this matter.

The issue is about to become of greater import as the government, under the Office of the Deputy Prime Minister (ODPM), has commissioned a guidance document for local authorities on taking forward prosecutions for unauthorised...

Jean Yves

IICJ

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