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Breach of Condition - How Does it Work?

A breach of condition is an overarching legal term relating to a wide variety of binding agreements.

In terms of how it relates to you, we will in this blog post look at it from a planning point of view, and discuss what needs to be done if you have been issued with a breach of condition notice. There are a range of actions to take depending on your circumstance - obtaining advice from a solicitor is often the first course of action for people unsure of their situation.

What is a Breach of Condition?

Put simply in planning terms, a breach of condition occurs when you fail to comply with a condition in your planning permission document either fully or partially. There are a number of reasons this can occur, but being issued with a notice can be costly and set your development back immeasurably. A breach of condition (or contract if taking in employment terms, for example) usually has to be complied with without delay.

What are the Consequences?

Although breaches of contract are all different and some have wider ranging repercussions than others, it’s important to bear in mind the impact it will have on the progression of your development. Failure to comply with a breach of condition notice usually has financial as well as logistical consequences.

A notice can be served on any person who is carrying out the development in question, or anyone who has control of the land the development is being built on. This party will be called “the person responsible” - it is normally only issued to one recipient.

What Actions Can I Take?

When you are faced with a breach of condition notice, it must specify a compliance period in which the person responsible must comply. The period for compliance is normally not less than 28 days beginning with the date of service of the notice.

Immediate advice from an expert planning solicitor such as Kingsley Smith Solicitors is imperative. Occasionally, it’ll be possible to vary, omit or even withdraw the condition in order to continue the proposed development - however there are many issues to avoid and difficulties to be aware of. Contact us today if you would like any more information or organise an initial consultation.