Planning Permission Tips UK - Illegal Building Works - Is there an Upside

Many times throughout the year we are called in to assist people who have got into trouble by completing building works without Council permission. This can be either Planning or Building Regulations - often both. Guess when this 'illegal' building works is usually exposed - Right at the time when the home owner is under the most pressure & exposure to other abortive fees - you guessed it - WHEN THEY ARE ABOUT TO MOVE HOME!

I am amazed at the blinkered approach most homeowners have to completing building works without the required council consent. They just bury their heads in the sand & think that it will not be exposed - HOW WRONG MOST HOMEOWNERS ARE.

They seem to forget that most purchasers surveyors just love it when they are able to expose any illegal building works that may assist the purchaser in pulling out of the sale (strange I here you say) - you see they get paid for their survey report irrespective of the homes condition & by exposing illegal building works they obtain a 'get out of jail free card' - in other words, the purchaser is likely to pull out of the sale & not rely on the contents of the survey and thereby the surveyor reduces their exposure to negligent claims from the purchaser when some other form of defect may be discovered later on.

Not only this, but illegal building works also exposes the homeowner to clever purchasers who then use this aspect to literally blackmail the homeowner into accepting a vastly reduced offer price. If you have already invested in reciprocal professional fees, moving costs and other commitments you suddenly become what the trade calls a 'motivated purchaser' and likely to accept a far lower offer due to your personal commitments and desires.

You are then faced with a panic - to resolve the situation by applying for retrospective consents which will have a financial cost and loss of time implication thereby at high risk of losing your current purchaser.

HOWEVER, all that said - we do need to place a little perspective on the situation for some balance. Firstly it is perhaps a bit unfair to call the works 'illegal'. A better term would be 'un-approved' - remember this is not criminal legislation we are dealing with.

Also, there is a time element that affects the seriousness of the breach of control. Generally speaking, if the works have been completed for 4 years or longer then the Planning Department cannot normally insist on a retrospective permission or require the works to be removed. Building Control on the other hand have a shorter period for compliance which is normally two years. After this time (and provided the works are not an obvious risk to health and safety) they can only normally make a note within your property file. They are normally unable to insist that the works are retrospectively approved after this time.

As a guide, if you fall into this category, the longer the un-approved works have been in place, the easier it is for surveyors and purchasers to accept the works 'as is' without too much detriment to the properties value. The reason for this is clear - someone has to take a view that the works are not going to be removed or fall apart after a period of time.

Most people are surprised to find that both the Planning Department & the Building Control Department have formal applications to regularise the un-approved building works. The risk for the homeowner is how much more works are required to the property to make it comply. Often building works have to be demolished & reinstalled to the approved standard.

Therefore, any homeowner fully aware that they have completed un-approved building works and soon to move home should now put into action a 'regularisation plan' to avoid the 'eleventh hour' panic described above. Seeking early professional advice & guidance from a professional Building Designer or surveyor should be your first port of call rather than approaching the council direct.

Our 'Maximum Build Planning Guide' explains further the issues involved when installing un-approved building works.

Our 'Maximum Build Planning Guide' explains further the issues involved when extending or developing a property for planning permission.

http://www.planning-approval.co.uk

Love Illegal Aliens as You Would a Neighborhood Dog Who Killed Your Cat

Love thy neighbor, embrace illegal aliens and illegal immigrants and give us your poor; hey, wait a minute not so fast. Some citizens of the United States of America decry the 24 million illegal aliens who entered our country by sneaking in.

Many Americans are upset that 33 percent of all violent criminals in federal prisons are illegal aliens. Many people are rather miffed by the fact that we have illegal aliens and illegal immigrants are now marching in our streets in protests. We are told that we must love illegal aliens and treat them with respect as if they were American citizens. Why, they disrespect everything we are about and violate our laws.

Well, all respect from me with right out the window, as I watched the illegal immigrants carrying U.S. flags upside down and marching in our streets in protests, while chanting anti-American slogans in Spanish. The illegal aliens and illegal immigrants who have no right to be in our country also have no rights to free speech or free gathering to protest our government, my country or tell us how to run the United States of America. One American said today at a coffee shop

“If we wanted a Shet-hole like Mexico, we would have created that. Frankly, we were looking for something a little more than that and so we have built the greatest single civilization ever created in the history the human species and we are not about to turn the United States of America into a little Mexico. Get a life. Sure, I love illegal aliens as much as I love the neighborhood dog that broke through my fence and killed my grandmother's cat. Don't tell me how to run my country; we are doing just fine, why not go fix your own country.” Mr. M. Caldwell. Perhaps we might consider this in 2006.

Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/

Legal Structures

One of the most important decisions entrepreneurs make is how to legally set up their businesses. The choice can be a wise move or a costly mistake with regard to taxes paid, protection from liability, and the amount of resultant flexibility in running the operation.

The initial choice of a business form, even if it achieves optimum results in the start-up phase, may require adjustment or alteration as the business matures. It is important to periodically re-examine the appropriateness of the type selected. Below is a description and a comparison of the advantages and disadvantages of each form of organization.

Sole Proprietorship

For an individual who wants to keep the operation small and simple, this is the easiest, least costly, and least regulated type of business to enter into. A sole proprietorship can be formed by just finding a location and opening the door for business. There are the usual fees for registering your business name and for legal work in changing zoning restrictions and obtaining necessary licenses. Attorneys' fees will be less than for other forms of incorporation because less document preparation is required.

The sole proprietor has total responsibility and control, and can hire any number of employees who may even be paid a percentage of the profits as wages. The owner is personally liable for all claims, taxes and debts against the business, as well as for any injuries caused by or to employees during their employment. The sole proprietor is entitled to all profits made in the business, which must be included in the individual income tax return. If a person has assets, or is developing an asset base, this form of business exposes the individual to litigation.

Advantages

-Easiest to get started

-Greatest freedom of action

-Maximum authority

-Income tax advantages

-Social Security advantages

Disadvantages

-Unlimited liability

-Death or illness endanger business

-Growth limited to personal energies

General Partnership

A partnership can be formed by simply making an oral agreement between two or more persons, but such informality is not recommended. It is wise to have an attorney draw up an agreement among all partners, clearly stating the specific duties and rights of each of them, to help resolve any future disputes. Almost any type of management and profit-sharing arrangement can be agreed upon.

Each partner is an "agent" for the partnership and can individually hire employees, borrow money and operate the business. A partnership is not a separate legal entity, even though required to report its income on a separate, informational tax return (Form 1065), but profits made must be included in each partner's individual tax return.

The important thing to keep in mind regarding a general partnership is that each partner is personally liable, just as in a proprietorship, for debts and taxes to the extent that personal assets can be subject to attachment and liquidation if the partnership itself cannot satisfy creditors' claims.

Advantages

-Two (or more) heads better than one

-Additional sources of venture capital

-Better credit rating than corporation

Disadvantages

-Hazy line of authority

-Difficult to get rid of bad partner(s)

-Death, withdrawal or bankruptcy of one partner endangers business

Corporation

Think of a corporation as legally separate from its shareholders. This is the most important feature distinguishing it from a partnership or proprietorship. It is definitely best to get an attorney to take care of the formalities of setting up a corporation, even in the case of a small family corporation where an attorney can help prevent hard feelings and squabbles. This type of business is usually the most costly to form, especially if organizational problems are complex.

People usually incorporate to limit personal liability for the debts and liabilities of the business. However, with many new businesses this limit of personal liability applies only to judgments brought against the company for negligence, defective products, or frivolous suits. In fact, the owner(s) of a new business will usually remain liable for the repayment of loans and other debts because most major creditors, especially lenders, will try to limit their risks by requiring owners to pledge their personal assets as security for a debt. In some cases, an officer or employee of a corporation may also be personally liable for failure to withhold taxes. A corporation is a separate legal entity and a more structured form of business. It can continue to function even without the existence of original ownership or other key individuals. It also has advantages in terms of enabling employees to participate in various types of insurance and profit sharing. A corporation has more flexibility in terms of different approaches to taxation.

Advantages

-Limited liability for stockholders

-Continuity

-Transfer of shares

-Easier to raise capital

-Possible to separate business functions into different corporations

Disadvantages

-More expensive to launch and maintain

-Gives owner a false sense of security

-Heavier taxes

-Power limited by Charter

-Less freedom of activity

-Legal formalities

Conclusion

Persuasion is the missing puzzle piece that will crack the code to dramatically increase your income, improve your relationships, and help you get what you want, when you want, and win friends for life. Ask yourself how much money and income you have lost because of your inability to persuade and influence. Think about it. Sure you've seen some success, but think of the times you couldn't get it done. Has there ever been a time when you did not get your point across? Were you unable to convince someone to do something? Have you reached your full potential? Are you able to motivate yourself and others to achieve more and accomplish their goals? What about your relationships? Imagine being able to overcome objections before they happen, know what your prospect is thinking and feeling, feel more confident in your ability to persuade. Professional success, personal happiness, leadership potential, and income depend on the ability to persuade, influence, and motivate others.

Kurt Mortensen’s trademark is Magnetic Persuasion; rather than convincing others, he teaches that you should attract them, just like a magnet attracts metal filings. He teaches that sales have changed and the consumer has become exponentially more skeptical and cynical within the last five years. Most persuaders are using only 2 or 3 persuasion techniques when there are actually 120 available! His message and program has helped thousands and will help you achieve unprecedented success in both your business and personal life.

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