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Buying A house where Vendor says Extension done before they moved in

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  • martindow
    martindow Posts: 10,218 Forumite
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    If you think the lender may want indemnity insurance don't contact the council as that would invalidate it. The insurance is a complete waste of time but you have to jump through the lender's hoops.
  • oneofnine
    oneofnine Posts: 29 Forumite
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    Cakeguts wrote: »
    Do you mean article 4 directive? Is it in a conservation area? You have to get planning permission to change anything.

    Yes that's what it's called .No it's not in a conservation area and the house was built in 1956 .The couple have lived there since 2002 .I agree ,I think our sol should get more info .It's got UVPC windows so it's not like it has to stay in character or anything .

    We don't need a mortgage lender thankfully but as soon as the solicitor gets back to me I'll post.
    Thanks all .
  • xylophone
    xylophone Posts: 44,423 Forumite
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    this directive 4 or article 4 or something .

    Do you mean this?

    https://historicengland.org.uk/advice/hpg/historic-environment/article4directions/
  • oneofnine
    oneofnine Posts: 29 Forumite
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    Thank you - yes .I still don't get why permission for a boiler is required if they can't find planning permission for the extension ?

    I think maybe there's birds or it's an environmental thing for the area ?
    We are going back to view the house soon'ish so I'll ask the owners too as well as our solicitor.
    Thanks for that.
  • Slinky
    Slinky Posts: 9,987 Forumite
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    Are you sure it's not in a conservation area? We looked at a house where the conservation area was extended in 2014 and work done now to the front requires planning permission under article 4 which previously it wouldn't have done. This could be why 'your' extension was permissable before 2002, but the boiler needed permission at a later date.
    Make £2024 in 2024
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    Total £279.03/£2024  13.8%

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    Total: £2606.33/£2023  128.8%

  • oneofnine
    oneofnine Posts: 29 Forumite
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    Slinky wrote: »
    Are you sure it's not in a conservation area? We looked at a house where the conservation area was extended in 2014 and work done now to the front requires planning permission under article 4 which previously it wouldn't have done. This could be why 'your' extension was permissable before 2002, but the boiler needed permission at a later date.

    Hmm , you may be right .I have e mailed my solicitor today and she is supposed to be calling me back.Will let you know,
    cheers.
  • Slinky
    Slinky Posts: 9,987 Forumite
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    Google is your friend here. Type in conservation zone whatever town and see if you can find anything. This is how I found the one we were interested in now fell into the CZ. The vendor had work done on his property in 2014 and we weren't convinced it didn't need permission as they were vague about when it had been started/completed. Certainly what they've done would require permission now.
    Make £2024 in 2024
    Prolific to 29/2/24 £184.97, Chase Interest £11.88, Chase roundup interest £0.18, Chase CB £16.96, Roadkill £1.10, Octopus referral reward £50, Octopoints £6.30 to 31/1/24, Topcashback £4.64, Shopmium £3
    Total £279.03/£2024  13.8%

    Make £2023 in 2023
    Water sewerage refund: £170.62,Topcashback: £243.47, Prolific: to 31/12/23 £975, Haggling: £45, Wombling(Roadkill): £6.04,  Chase CB £149.34, Chase roundup interest £1.35, WeBuyBooks:£8.37, Misc sales: £406.59, Delay repay £22, Amazon refund £3.41, EDF Smart Meter incentive £100, Santander Edge Cashback-Fees: £25.14, Octopus Reward £50, Bank transfer incentives £400
    Total: £2606.33/£2023  128.8%

  • oneofnine
    oneofnine Posts: 29 Forumite
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    Thanks Slinky .I have had my mind put at rest by my solicitor .
    The area is very close to a town centre which the powers that be want to retain as is .

    The planning permission she thinks was unlikely to have been needed at that time , and as time has progressed she doubts very much that there would be any comeback since the couple have lived there since 2002 ,and it was built before them .


    Thanks for all your opinions and help all.

    :beer:
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
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    Please be clear that Planning isn't the issue here because the work was done in 2002 and will now be immune from Planning Enforcement.

    It is the Building Regulations that have to be complied with. When the sellers bought their solicitors should have asked for evidence of compliance with the building regulations. A completion certificate should show on the search. If not then, OP's survey (you are having one - not just lender valuation, aren't you?) should give some idea whether it looks as though everything is in order.

    You can decide to take a risk on the basis that if it has been up 15 years it's probably OK, but understand there is still a risk here. Lender may want a building regulation indemnity policy which it thinks is some help - but isn't really because it only protects against the Council taking action, which really they are very unlikely to do now. Too much of a wind-up for them with calls on staff time and expenditure cuts....
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • NicNicP
    NicNicP Posts: 249 Forumite
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    We had this on the house we bought last year. The vendors bought the indemnity insurance. The extension has been up 20+ years with no problems so it wasn't a worry to me although as the insurance was purchased by the vendors it made sense for us to get it.
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