Missing planning permission

slightlychilled wrote: »

I guess my concerns are unfounded and I'll just leave it to the solicitor to do as she sees fit. I can't help feeling uneasy, I feel as though I'm buying something that has no legal right to be sold to me.

Then, in the nicest way, you need to tell the little voice in your head to pipe down.

When people apply for future planning permission after using PD, they have to provide drawings of what exists and the planners do a site visit. They assess against what exists at the time. The whole purpose of PD is to cut down on paperwork. There is no potential issue with future planning.

Have a read of the permitted development guidance, you should really should be able to assess whether it is PD and that should put that niggling feeling to rest, especially combined with the guidance on enforcement. Fact is, you will never be able to prevent a future buyer's solicitor from raising things unnecessarily. You just need a decent solicitor and the facts to be able to bat those things straight back.

EachPenny wrote: »

lincroft1710 said "It is most likely too late for the council to do anything about it" without having a clue how old it was. That's the kind of assumption which causes people to have planning problems.

The OP had stated in his first post that the garage had been erected by a previous owner, not the person he was buying from. Therefore there was a good chance the garage would be more than 4 years old. Hence I said "most likely" not "definitely".

Over the years I have seen countless garages and extensions without pp, none have ever been the subject of a subsequent planning enforcement.

slightlychilled wrote: »

Whilst I'm waiting for my useless solicitor to get back to me, can someone run me through the practicalities of an indemnity policy.
1. What exactly does the seller do and what does he give me ?
2. I assume he gives me a piece of paper ?, do I pass this on to my seller if I ever resell or do I have to get a new policy myself ?
3. I assume the policy covers all the costs in demolishing the garage ?
4. Does it also cover the loss in re-sale value of the property ?
5. How is the loss in re-sale value calculated, does a detached garage have a standard value for purposes of insurance ?

They're really a total waste of time, and something of a con. I wish I had set up a company providing indemnity insurance 20 years ago, I would now be rich beyond my wildest dreams.

I have never ever heard of someone claiming on an indemnity policy. I'm sure it has happened, once, or perhaps twice, and there will now be someone along to post that they know of such an occurrence, but my word it is a rare thing.

However, in this litigious world where nobody seems to be willing to take accountability for anything they have become a get out of jail free card to keep mortgage lenders happy, and make the solicitor feel they have covered themselves.

I can say with almost complete certainty that the garage will never need to be demolished as a result of not having planning, and so it is not worth worrying about how a lack of garage may affect the property value.

Surrey_EA wrote: »

They're really a total waste of time, and something of a con. I wish I had set up a company providing indemnity insurance 20 years ago, I would now be rich beyond my wildest dreams.

From a sellers point of view they are fantastic. Don't bother getting building regs approval for anything, pay £35 for a policy to make it all go away.