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Missing planning permission

slightlychilled
slightlychilled Posts: 45 Forumite
in House buying, renting & selling
It has come to light that the property I am in the middle of purchasing, has no planning permission for the detached garage on the grounds. The current seller did not build it. I am hearing mutterings of "indemnity insurance" that the vendor can take to protect me.I'm not sure how far reaching this is and my solicitor is frankly rubbish but I can't change her. If I was to ever sell the property would this "indemnity insurance" protect my buyer ? I don't want this forever hanging over my head.
I personally am tempted to accept the indemnity insurance as a temporary measure but request the seller obtains retrospective planning permission. Is this a reasonable demand or have I misunderstood the situation? Could I ask for a reduction in sale price ? :mad:
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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    slightlychilled wrote: »
    the property I am in the middle of purchasing, has no planning permission for the detached garage on the grounds. The current seller did not build it.

    So when was it built? Did it need planning permission?
    my solicitor is frankly rubbish but I can't change her.
    I'm sure you could if you tried. Anyway...
    If I was to ever sell the property would this "indemnity insurance" protect my buyer ?
    Yes, almost certainly.
    I personally am tempted to accept the indemnity insurance as a temporary measure but request the seller obtains retrospective planning permission. Is this a reasonable demand or have I misunderstood the situation?
    The latter. The insurance is worthless as soon as anybody tips off the council by contacting them about whatever the problem is.
    Could I ask for a reduction in sale price ?
    If you like, but if the risk is adequately covered by insurance then the property is still worth whatever it's meant to be.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    First Post Combo Breaker
    davidmcn wrote: »
    So when was it built? Did it need planning permission?

    Those are the most important questions - if it was permitted development or they can get a lawful development certificate for it, then the issue is resolved.

    Alternatively, bear in mind no amount of insurance can force an authority grant planning consent. So if having a detached garage with the house is important, then having insurance won't help. It can only make you or a subsequent owner feel a bit better about not having a garage anymore.
    "In the future, everyone will be rich for 15 minutes"
  • lincroft1710
    lincroft1710 Posts: 17,618 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Council planners are not in the habit of scouring their domain looking for garages or other buildings erected without planning permission. It is most likely too late for the council to do anything about it. So stop worrying!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    First Post Combo Breaker
    lincroft1710 wrote: »
    Council planners are not in the habit of scouring their domain looking for garages or other buildings erected without planning permission. It is most likely too late for the council to do anything about it. So stop worrying!

    Unless a neighbour complains... then they have to leave their cosy office and go and take a look and figure out the best way of fixing the problem with the least amount of hassle.

    A previous owner has possibly created a problem... if I was the OP I would want to make sure that problem doesn't become my problem and checking with the authority is the only way of doing so.
    "In the future, everyone will be rich for 15 minutes"
  • slightlychilled
    slightlychilled Posts: 45 Forumite
    Thakns davidmcn for your reply.
    Not sure when it was built other than some time between 1982 and 2009.

    Can't change solicitor in my case as deadlines are looming.

    If I understand you correctly, the indemnity insurance a one-off payment that is valid forever ?

    I was going to phone the council tomorrow but you think that is a bad idea ?

    I planned in a year or two to build a single storey extension incorporating the footprint of the detached garage. Will this be compromised in any way due to the current situation?
  • lincroft1710
    lincroft1710 Posts: 17,618 Forumite
    Photogenic Name Dropper First Anniversary First Post
    EachPenny wrote: »
    Unless a neighbour complains... then they have to leave their cosy office and go and take a look and figure out the best way of fixing the problem with the least amount of hassle.

    A previous owner has possibly created a problem... if I was the OP I would want to make sure that problem doesn't become my problem and checking with the authority is the only way of doing so.

    Garage has clearly been there several years, so surely if it was going to be a problem, the neighbour would have contacted the council as soon as it was built. In any event the council can't take any action as the garage is well over 4 years old
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • lincroft1710
    lincroft1710 Posts: 17,618 Forumite
    Photogenic Name Dropper First Anniversary First Post
    slightlychilled wrote: »
    Thakns davidmcn for your reply.
    Not sure when it was built other than some time between 1982 and 2009.

    I was going to phone the council tomorrow but you think that is a bad idea ?

    I planned in a year or two to build a single storey extension incorporating the footprint of the detached garage. Will this be compromised in any way due to the current situation?

    Phoning the council means you can't take out an indemnity policy. The presence of the garage would actually increase your permitted development potential
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • slightlychilled
    slightlychilled Posts: 45 Forumite
    lincroft1710 is that a fact, that if the building is over 4 years old it cannot be removed ? Do you have a link to anything official ?

    As I understand it, I don't take out any indemnity policy, it's something being suggested the vendor does.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    slightlychilled wrote: »
    Not sure when it was built other than some time between 1982 and 2009.

    If you can't tell the difference between an 8 year old garage and a 35 year old garage, I suggest you get someone to help you (or post a picture of it here). What does your surveyor think about it?
    If I understand you correctly, the indemnity insurance a one-off payment that is valid forever ?

    Yes (or least "forever" = "long enough").
    I was going to phone the council tomorrow but you think that is a bad idea ?

    It would be a terrible idea.
    I planned in a year or two to build a single storey extension incorporating the footprint of the detached garage. Will this be compromised in any way due to the current situation?

    No, but if you're planning to demolish the garage anyway then I wonder why you're bothered about the planning permission - given that the worst case scenario would be the council telling you to demolish it?
    slightlychilled wrote: »
    As I understand it, I don't take out any indemnity policy, it's something being suggested the vendor does.

    Doesn't really matter which of you gets it, the same principles apply.
  • lincroft1710
    lincroft1710 Posts: 17,618 Forumite
    Photogenic Name Dropper First Anniversary First Post
    slightlychilled wrote: »
    lincroft1710 is that a fact, that if the building is over 4 years old it cannot be removed ? Do you have a link to anything official ?

    As I understand it, I don't take out any indemnity policy, it's something being suggested the vendor does.

    https://www.gov.uk/guidance/ensuring-effective-enforcement

    Either buyer or vendor can take out an indemnity policy via their respective solicitors. But if the council is alerted to the planning
    breach prior to a policy being taken out, then an indemnity policy will not work
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
This discussion has been closed.
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