Getting a 'certificate of established use'

It is actually a certificate of lawful use. Assuming the building is not listed or in a conservation area then it should be straightforward. You need to prove that the work was done at least four years ago. However, you will also need to get building regulations approval as well before you can sell it and that may be more difficult and costly. You need to go and talk to the local planners and building control.

Peter Crosland

what's the time limit for BRegs to be "out of time" - is that the 4 years you mention or is that for PP or both?

presumably the OP could also look into purchasing an indemnity (for the benefit of the purchaser) against future issues with either BR or PP?

JimK

Unless the BR side is regularised the OP may find it impossible to sell because the potential purchaser's solicitor is likely to advise their client to insist on it. There may also be issues regarding the multiple occupancy. If the OP has not notified the local authority there is likely to be an issue with the position regarding Council tax. A can of worms in fact.

Peter Crosland

Hi again.

My initial enquiries told me that BRs aren't an issue with a certificate of lawful use, but it would be helpful to know for sure. I'll see if my local planning dept will help. Each flat is already regiistered as a seperate property for council tax and multiple occupancy has been established for five years now.

Does this help?

Thanks again..

If you've not been in touch with the council then is an indemnity certificate the way to go?

He is unlikely to be able to do so as he clearly knows the situation is irregular.

Peter Crosland

if all was "regular" we wouldn't need such indemnities

NB steady on with the "go get paid advice" advice (remembering a recent tiff on UKDIY....) :>)

JimK

I will do that Peter. But it really isn't as complicated as you assumed. Freehold, leashold etc does not come into it. We will be selling the building as a whole; - split as two flats. They have been split and used as such for 5 years.

Other way round I would say. In England & Wales at least. Leasehold flats are the norm, getting a mortgage on a freehold flat would be a problem. The introduction of 'commonhold' a few tears ago hasn't really changed things either. Without the mutual obligations created by a leashold (or commonhold) it is very difficult to make other occupants of the building carry out essential repairs

-- djc

Other way round I would say. In England & Wales at least. Leasehold flats are the norm, getting a mortgage on a freehold flat would be a problem. The introduction of 'commonhold' a few tears ago hasn't really changed things either. Without the mutual obligations created by a leashold (or commonhold) it is very difficult to make other occupants of the building carry out essential repairs

-- djc