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How do I get access to this information, house related

24 replies

barbedwired · 04/02/2022 12:14

I purchased house with partner, tenants in common.
Relationship broken down.
We we doing extensive building works, started in 2017 and still not finished and signed off at local authority.
I have recently contacted local authority planning office to find out where we are in the sign off process. I have discovered that exDP filed all plans etc in his name only and he needs to give permission for me to speak to local authority about my property.
I've asked him to do this, he's ignoring me, I don't want to ask him again .
How do I get access to the information, be able to discuss with the planning department without asking him again.
Thanks

OP posts:
BrandyAB · 04/02/2022 13:28

Land Registry can supply the house deeds for minimal cost www.gov.uk/get-information-about-property-and-land/copies-of-deeds

barbedwired · 04/02/2022 13:29

I have the house deeds.

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UnexpectedItemInShaggingArea · 04/02/2022 13:34

I don't think you can Sad you need his permission.

barbedwired · 04/02/2022 13:37

@UnexpectedItemInShaggingArea well he's being a complete dick and won't comply, so maybe a court application? Which form though?

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UnexpectedItemInShaggingArea · 04/02/2022 13:41

I can't even think how a court would compel him. What do you need the information for?

UnexpectedItemInShaggingArea · 04/02/2022 13:43

If you want to get planning permission and building regs sign off can you start a new application in your own name?

PurpleCarpets · 04/02/2022 13:46

Owners don't necessarily need to be involved in planning applications. You can apply for (and be granted) permission for land you don't own at all. (Of course you can't carry out the work until you do own it.)

So I agree, even though you're co-owner the planning authority doesn't need to (and in fact probably can't) let you know anything about the application beyond what is public. They only deal with the applicant. It's up to you to get the information from your partner.

barbedwired · 04/02/2022 13:49

@UnexpectedItemInShaggingArea the build is half finished, joint money used. We've broken up, he assaulted me so I occupy house at the moment, separate police investigation about that. I've spent 6k with solicitor so far and we are nowhere as house needs to be finished and signed off.
He has begged me to bypass the solicitors and work it out ourselves, now I've done that he's ignoring me.
I requested he tell the planking department to share the information on the jointly owned property, he's ignoring that too

OP posts:
barbedwired · 04/02/2022 13:49

Planning

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PurpleCarpets · 04/02/2022 13:53

As for a court application for the planning information, I really don't know. Property lawyer needed perhaps! I suspect tenants in common might owe each other an equitable duty of good faith and disclosure. That might be the basis for it. Or the judge's duty under Art 8 ECHR to safeguard your right to your home?

That's all kind of complicated and theoretical though. I can't think of a quick and easy remedy.

redastherose · 04/02/2022 13:57

Do you have planning permission granted? That usually comes first and is a public record document once granted so you should be able to see that on your council website.

I am assuming you are talking about the building control (building regulation application) as that is in relation to the inspection of the works and different stages are signed off along the way before the completion certificate is issued.

If so, I would suggest that you contact the council with a copy of your Land Registry title and explain the circumstances and see if someone will speak to you about it. There should be a particular building control officer who was dealing with your property.

If they won't allow you access to the records then I think you will need to go via court and sod playing nice with him. Perhaps send one more message saying if he doesn't provide building control with consent for you to proceed then you will be making application to the court for an order and you will be looking to him for the costs of the same.

barbedwired · 04/02/2022 14:19

@redastherose I've already asked the contact at the planning dept with land registry proof, he told me to go back to my ex and he had to give permission.
I'll ask him one more time, with what you suggest and if he doesn't play ball apply direct to the court.
I don't care which way but if I have to apply to the court it's further evidence to add to my dossier on his frustrating every process.

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MrsSquirrel · 04/02/2022 18:09

Have you spoken to your local councillor about the problem? They may be able to get the information for you. Council officers will often do things for elected councillors that they wouldn't do for members of the public.

UnexpectedItemInShaggingArea · 04/02/2022 18:39

@MrsSquirrel

Have you spoken to your local councillor about the problem? They may be able to get the information for you. Council officers will often do things for elected councillors that they wouldn't do for members of the public.

Yeah, but they won't break data protection regs.

As others have said, planning documents will be publicly available. I would start the building control process from scratch. It's not very expensive. Just call the building control dept and make an appointment. They should come out and talk you through everything.

Did you work with a builder/project manager on the extension?

MrsSquirrel · 04/02/2022 18:52

@UnexpectedItemInShaggingArea Why is information about a building subject to data protection? It's not personal information about a living individual.

UnexpectedItemInShaggingArea · 04/02/2022 18:55

[quote MrsSquirrel]@UnexpectedItemInShaggingArea Why is information about a building subject to data protection? It's not personal information about a living individual.[/quote]

Because it's been submitted by an individual, with their contact information and they have not consented to their contact details to be shared with a member of the public.

unadulterateddad · 04/02/2022 19:02

It's not possible to get planning docs without the submitting parties approval.
PurpleCarpets has responded with the best solution to get your ex to agree.

I would suggest it would be easier to put in a new application

MrsSquirrel · 04/02/2022 19:07

I still think it might be worthwhile contacting the local councillor. There might be a way for them help. OK I know not all councillors are brilliantly helpful, but it's worth a try and will cost nothing.

If the issue really is data protection (as opposed to some other type of regulation) there might be a way to get OP the information about the building with the personal details about her ex redacted.

UnexpectedItemInShaggingArea · 04/02/2022 19:32

@MrsSquirrel I doubt it as you have to pay to submit a planning application so the officers won't reallocate the paperwork etc. to an entirely different person...

I'm not being unhelpful, just realistic.

barbedwired · 04/02/2022 19:40

Thanks for the replies, house rebuild been going on since 2017, it's a bit like a bad episode of Grand Designs. It's half finished and half signed off, we've broken up and he's being difficult. I didn't discover until last week when I contacted the planning officer who's dealing with it that he only submitted the application in his own name despite the fact this was a joint project and joint money being used.
Ex is highly controlling , whole other thread, which is part of the reason we broke up, I'll make a court application if he doesn't cough up.

OP posts:
AnneElliott · 04/02/2022 20:25

My advice is call them and use your DPs details. I do this with DH (with his knowledge) as he's deaf and doesn't do phones. The company involved obviously know I'm a woman but the one benefit of this mad world is that they can't say so! So as long as I pass security then I get the info I want.

AnneElliott · 04/02/2022 20:26

Other option is to do an FOI and they'll send you the info minus his contact details - which is fine as I assume you don't need those?

I've done this successfully and got the whole building regs file on a house I neither owned nor lived in. Had to wait to go through the internal review process but finally I got the lot.

barbedwired · 04/02/2022 20:40

@AnneElliott that's interesting thanks

OP posts:
barbedwired · 08/02/2022 22:28

Ex finally cc'd me in on an email to building regs giving permission for access.

Thanks all

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