drb5

iTrader: (4)

We've purchased a 2 bedroom brand new flat some time ago and i'm trying to find the legalities behind the amount of private car parking allowed with each flat?

It's a block of 8 flats and at the moment, we only have 8 spaces...ie:1 car parking space per flat, but i would have though it should have been about 1.5 spaces per flat, or 1 space per bedroom?

Devildog

Hi Dave,

Depends on local planning IIRC, and changes all the time. Nothing in law.

GrantyBoy

really depends on the builder. There is no legal requirments for your flat to have parking.
Should be in your title deeds to what space is yours.

Mo_Patrick

As the previous 2 posts there is no law governing this, social housing etc have certain legislation to comply with (lifetime homes etc.) but private developers will do the minimum they can get away with.

drb5

iTrader: (4)

Bugger. Basically, the deeds were drawn up, but not the same as the original planning and the council are being their usual slow as **** ar5ses and thought i could have helped the situation along a bit. Oh well.

Thanks guys.

Devildog

are you still in/around Alexandria mate?

drb5

iTrader: (4)

Yes i am mate.....though i'm struggling to figure out who "Devildog" is?

WRX_Dazza

funny if it is 1.5 spaces... lol, you'd have to get a smart car and hope you get the back 1/2 of the space !!!

drb5

iTrader: (4)

I'd heard this was the case some time ago. The original plan actually had 1.5 spaces per flat, plus a couple extra visitors parking, plus 2 disabled bay spaces and an enlarged entrance up to the door opening into the block for emergency access.

Luminous

iTrader: (3)

the only rules i am aware of concern the maximum number of spaces. That is, if you are trying to build somewhere with more than this, they will deny you planning approval. I think that max is 1.5 per property. There are no minimum requirements afaik.

However, for such an important issue, perhaps you should speak to a legal eagle. You maybe able to get the developer to make more if you were promised those before you bought.

richardg

read your lease. you will have been granted the right to park x vehicle(s) on the land coloured "y" on one of the plans attached to the lease. if not, then it's likely to be a free for all. the planning consent for the development will not stipulate parking rights - parking rights are not a planning issue

if you want to know what the parking standards are for your local planning authority, look on their web site - should be easy to find. these days 1:1 is usual, although in many authorities (acting on government white paper on transport approx 2 yrs ago i think, plus the old PPG15 "Transport"), developers are encouraged to reduce the amount of parking provided in order to encourage the use of public transport and other means of transport (ie shanks' pony). clearly not a popular policy though!!

HTH

richardg

deeds (ie registered title) and planning permisison are not the same thing btw - be careful what you sign if you're not taking legal advice. also be aware that anything relating to your title (ie any changes in your rights as a tenant) may affect value. you may therefore be obliged to inform your lender...

richardg

[climbs off high horse]

Tart Man

That's the problem with all these new build flats/3 story terraces etc. Loads have sprung up by me, at somwhat "healthy" prices (for the builder), and tehy sold like hot cakes.

But one thing none of them have is ample parking. Cue street packed with cars. Nowhere for guests to park, or for anyone who decides to have more than one vehicle. Chaos.

I find it downright digusting that the (my local) council granted permsission for alot of builds, as its obvious many aren't practicle for modern living - i.e situated where there is no real form of public transports and very little within walking distance making a car an absolute nessesity.

We have a nickname for one of local builders which is on a roll doing the above (I know one of the directors): "Rack 'em and Stack 'em"

drb5

iTrader: (4)

Well it's just gotten a lot worse today, with his so called office building being now granted permission to be turned into a IIRC 3 bed house and this is within our boundry.

This means we have a definate 1 space per flat and we are destined to be looking out the living room and kitchen windows, directly at a house, with pretty much NO green area and they will get their 2 parking spaces and possibly even a garage.

Pictures speak louder than words of course, but i dont want to post pics up, if it could be in any way dodgy. People working out exactly where i live etc...

richardg

read your lease - you can't be given rights which are then taken away (unless of course the landlord has reserved the right to do so in the leae; in which case this should have been pointed out to you by your solicitor at the time of purchase)

Devildog

Richard - its freehold. We dont have domestic leasehold purchases in Scotland.

Domestic lease in Scotland = rent

Domestic purchase in Scotland = freehold

Devildog

Dave - draw a diagram.

Anyway, you should have been given opportunity to object, unless the planning consent was given before you bought.

Mog

In which case the solicitor should have told you from the results of the local searches.

Mog

drb5

iTrader: (4)

We were giving the right to object and along with at leasta couple other people, we did object, but still they gave the permission.

We're thinking that because the building was already there, they gave the permission.

The car parking spaces are obviously outside the flats and at the top, there is probably enough tarmac to get another 2 cars parked, but the parking spaces are monoblocked and will be numbered.

The area from the parking spaces to the building to be made into a hpuse, is probably about 20 feet. It's not a massive area, but enough to maneuvre cars about.

Theres enough area at the south of the office building to have 2 cars parked and a very small triangle of greenery.

drb5

iTrader: (4)

Following on from this, tonight i just had the owner of the bottom flat, where i park the Scoob, come out and tell me to turn my car around as the exhaust fumes are coming in his window(even though they were shut and i shut the car down immediately). This was about half 6......not exactly late enough to moan about noise etc, but the guy obviously has a problem.

richardg

in which case you should ignore everything i have said as i know bugger all about property law in scotland

MattN

Be polite but ultimatley he bought a ground floor flat, that's one of the reasons they are cheaper then first floor and above as you lose some privacy etc.

We have a similar problem the people below us don't like us having deliveries as the drivers normally drive right up to the building and leave the engine running. I try to appease them but normally the first I know about it is when they knock on the door. They even say vehicles aren't supposed to be there ... it's a car park ... some people.