UK Property Law
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Was it part of the original construction of the property please or was it installed subsequently to the original construction?
I think it was installed a decade ago.
the house is over 100 years old
Thanks. Do you know if planning permission was obtained for the window?
from what I can gather from public records that no permission was granted
going back to 2003
Thanks. On the basis that no permission was applied for under the provisions of s171 of the Town and Country Planning Act it is not possible for the council to take enforcement action in respect of the window after 4 years following its construction.
If permission was obtained and the window was in breach of one or more of the conditions of that permission then the relevant enforcement period is 10 years rather than 4 years but that is not the case here from what you say.
so what if a plan was refused and the previous owner went and did it anyway (covering all possibilities) council's website is a bit dodgy
The only other bases on which the neighbour could attempt to take action would be if he could show a binding covenant over your land that restricts that type of development which could be possible but would be evident from an inspection of his deeds which you can download from the Land Registry. Even is he had one it would be too late by now to force you to remove it but he may be able to claim a modest amount of compensation - only in the event he can demonstrate he has the benefit of a covenant you have breach of course.
If planning permission was refused then the work would have been carried out without planning permission and therefore the relevant period for enforcement would be 4 years.
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