builders next door brought house at auction with no planning permission,?

Question

The house next door was sold at auction 2 years ago and was brought by a family so they could 'do it up' to make some money,
the house has an extension which has p/p but the people that had it before had a patio that they decided to put walls up and a plastic roof so they could sit out if it rained, but just before they had the house repossed they put a door and windows in. The men that brought this house changed the roof to a solid one and put a kitchen in although we mentioned that the stucture didnt have planning permission and that it doesnt have any footings, this effectively has gone out 4 metres than allowed. now they have put this house on the market and the searches keeps showing this extra extension building shouldnt be there, now one of these men have come round and said that we have to write a letter stating that this building has been standing for over 5 years,but it has only been up 3 years, this house has been empty for 6 years, if we wrote a letter would it be legal?

We havent been threatened but not wanting to appear racist they are what I would call 'corner shop owners' and they speak to people how they want..part of the extra extension has been put on top of our partioning wall, The estate agents seem to know about these problems as they have had 4 different agents and run a mile when they find all the problems,

Answer 1

The whole thing sounds pretty dodgy to me. An extension without the proper footings is not legal and if it has been built without planning permission that to is not legal.
The letter that you write should not be to help them make a sale on a property that has parts that could fall down in a gale and perhaps cause injury. It should be to state that it had only been built for the time that it has and that the building should be inspected as there are no proper foundations. If you knowingly write an incorrect statement and the truth comes out then you could be caught for aiding and abetting an illegal sale. The whole thing is a mine field so either stay out of it altogether or put the local authority in the picture. The estate agent should also be made aware of the problem as he could be in real trouble.

Answer 2

Hi Fran,

Yes it is an offence to knowingly make a false statement to assist in obtaining a pecuniary advantage by deception. The buyer would probably have to demolish the extension.

You do not "HAVE" to write anything. If you are concerned then contact your local planning office and explain what is going on, if planning permission is required then they will have to pull the extension down.

If these people hassle you contact the police immediately.

You must remember, if you do write this letter then you are as guilty as they are.

The simple fact they have said this to you is an offence if they know that what they are doing is wrong, they are attempting to commission further offences.

Hope this clarifies the situation.

Answer 3

It seeems like you have some power here. Your statement can means the difference between a building with a grandfather clause and one which the council will order to be taken down.
Power = money
is it worth more for you to have the extension removed, or is it worth it to allow them to keep the extension and ask for a renumeration in recognition of the favour.
{edit} my answer is based on:
1) nobody but yourselves are affected by the extension
2) the extension is ( or will be made) safe and usable for the new inhabitants
3) no neighbours are affected/aware
4) you're not likely to be found out :-)

Answer 4

It is never right to make false statements and you shouldn't even be considering the possibility. Don't do it! These people have acted unlawfully for the sake of making an easy profit and if the planning department took them to court you could find yourselves dragged into things further and committing perjury. You might even find yourself in court ultimately facing criminal charges of conspiracy to defraud, as these people are seeking to gain a financial advantage by lying and cheating and you would be assisting them. Are these people threatening you in any way? If so, then you should inform the police. You could be in a potentially dangerous situation, as next door neighbours who are prepared to break the law in one way might not be above breaking it in other ways and making your lives a misery. Don't write anything, unless it's a letter to the planning department of your local authority or a statement to the police.

Answer 5

I don't see why you should have to do anything! Are you trying to help these men? Then, yes break the law and write the letter. Do you want them to have to get retrospective planning permission? Then write to the council and tell them what you've said here. If it's a problem for you, don't do anything - you are not legally obliged to get involved, and in my case, I would keep well out of it.

Answer 6

once a property has planning permission for an extension what they put in it is up to them what they want in terms of walls and a plastic cover if you mean something like a gaezbo probably wont need planning permission providing you light or property is unaffected. but ask the council they can advise you if there is a issue.

Answer 7

It's up to you if you want to 'help' or not
does the extension affect you? is it in your eyeline? will it affect your house value?
council planning departments are not overly zealous in checking facts. if you were to accept a 'bung' no one would find out unless other neighbours made a statemant or complaint.

you are not making a police statement, just saying that the building has "to your recollection" been standing for 5 years.

Answer 8

You state that one of these men has approached you and said that you have to write a letter which would contain a a false statement?
Are you being threatened?
Who get`s it in the neck when it all goes wrong?

Answer 9

If it were me I wouldnt get involved. Even if you write the letter the council could make other enquiries that will show you are telling lies and could leave you open to prosecution. Stay out of it xx

Answer 10

You sound like you may be in a difficult situation to me 'these men' sound like crooks.