Asked in Real Estate Law

Q: Unfinished development but safe development. Can the council force you to finish all of it to complete the design?

I own a 3 storeys block of flats. Let's assume I have planning approved to build a 2 storeys extension on top of the existing building to create 7/8 flat and remodel the whole building. Let's assume that as part of the planning granted I'm able to change the balconies, the front doors and add two lifts. I'm also able to add some cladding to the front façade to enhance the design. Let's say the cost of materials is going up and the housing market is going down so it is no longer profitable to go ahead with the whole development as planned. Instead of doing everything, I decide to build the two storeys extensions only, following the approved plans, and I don't carry on any other work. I literally just build the two storeys extensions on top of the block of flats and nothing else (no lift, keep old balconies, keep old front doors and don't add cladding). This would mean that I only partially completed the development. Can the council do anything to "force" me to finish the development?

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1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered

A: I am writing to let you know that you are unlikely to receive an answer to your question because you have posted it in the wrong category. This is not an estate planning issue; this is more of a real estate development issue. Also, you did not post the jurisdiction and that matters a lot.

Even if you post your question in the correct category, you are still unlikely to receive a substantive answer to your question. Avvo is for questions of a general nature. Your question is not that at all. You are asking for advice regarding a very specific situation that applies only to you and probably nobody else in the world. For that you need to hire an attorney to represent you. That attorney should be highly experienced with development of real property in your specific jurisdiction and not just that state but that particular county or province or borough or wherever you are. Except to pay a reasonable fee for that attorney's time and expertise. You don't want general advice from the internet; you NEED advice specific to your situation.

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