Extension of enforcement powers regarding planning breaches
August 18, 2011
Posted by:Sonita Hayward
A new Bill proposes to give Local Authorities greater power to take enforcement action against breaches of planning law. The changes proposed in the Localism Bill will allow them to take action even when the period for enforcement has expired. This will apply to circumstances in which the breach has been concealed. This could lead to problems for purchasers of property where the sellers have actively concealed the breach and enforcement action is taken against the successor purchaser. Conveyancing solicitors will have to make sure that their enquiries of the seller are thorough to ensure that they avoid claims for professional negligence and to make sure that the sellers can bring a claim for breach of contract against the sellers should this become necessary. The Law Society wanted the clause to be deleted in its entirety but their actions have resulted in the offence being limited to purposeful concealment rather than any concealment by inactivity.