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  • FIRST POST
    • Scoobyxxxx
    • By Scoobyxxxx 11th Sep 17, 12:08 AM
    • 2Posts
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    Scoobyxxxx
    Selling house, no permission for decking
    • #1
    • 11th Sep 17, 12:08 AM
    Selling house, no permission for decking 11th Sep 17 at 12:08 AM
    I am selling my home and have just stumbled across the fact that when installing decking in 2011 I should have obtained permission. It is slightly taller than the permitted 30 cm and when including the permitted conservatory extension the addition of decking would, combined, cover more than 50% of the garden. It never even crossed my mind at the time that it would be subject to permissions due to it not being a building per se. I have been googling this evening and I see there are suggestions that I could simply pay for an indemnity policy if the matter is raised during the house sale. Is this true, is it really that simple to get me out of this pickle? Any advice appreciated.
Page 1
    • Davesnave
    • By Davesnave 11th Sep 17, 12:43 AM
    • 23,559 Posts
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    Davesnave
    • #2
    • 11th Sep 17, 12:43 AM
    • #2
    • 11th Sep 17, 12:43 AM
    If you did this in 2011 there's no problem now, because planning rules cannot be enforced after 4 years have elapsed from the date of construction. (assuming it's not something special, like a listed building.)
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • baldelectrician
    • By baldelectrician 11th Sep 17, 2:29 AM
    • 2,124 Posts
    • 1,322 Thanks
    baldelectrician
    • #3
    • 11th Sep 17, 2:29 AM
    • #3
    • 11th Sep 17, 2:29 AM
    If you did this in 2011 there's no problem now, because planning rules cannot be enforced after 4 years have elapsed from the date of construction. (assuming it's not something special, like a listed building.)
    Originally posted by Davesnave


    Unless in Scotland- up here you have to apply and comply to the building regs on the date you apply (not the date you dom the work)
    baldly going on...
    • Scoobyxxxx
    • By Scoobyxxxx 11th Sep 17, 7:33 AM
    • 2 Posts
    • 0 Thanks
    Scoobyxxxx
    • #4
    • 11th Sep 17, 7:33 AM
    • #4
    • 11th Sep 17, 7:33 AM
    That is amazing news! Thank you so much for this info. Such a relief.
    • Ithaca
    • By Ithaca 11th Sep 17, 2:24 PM
    • 220 Posts
    • 238 Thanks
    Ithaca
    • #5
    • 11th Sep 17, 2:24 PM
    • #5
    • 11th Sep 17, 2:24 PM
    You can still expect your buyers' solicitor to raise it as part of pre-exchange enquiries, and they may decide they want an indemnity policy regardless. Even if it's pointless some solicitors seem to be very fixed on these policies so worth getting your solicitor to review the position and consider how you will respond if it comes up.
    • getmore4less
    • By getmore4less 11th Sep 17, 2:30 PM
    • 30,280 Posts
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    getmore4less
    • #6
    • 11th Sep 17, 2:30 PM
    • #6
    • 11th Sep 17, 2:30 PM
    The buyer may not realise the need for planning either, then not mention there is decking to their solicitor.
    • Ithaca
    • By Ithaca 11th Sep 17, 5:35 PM
    • 220 Posts
    • 238 Thanks
    Ithaca
    • #7
    • 11th Sep 17, 5:35 PM
    • #7
    • 11th Sep 17, 5:35 PM
    The buyer may not realise the need for planning either, then not mention there is decking to their solicitor.
    Originally posted by getmore4less
    On the TA6 Property Information form (which is often used by solicitors) it asks:

    "Is the seller aware of any breaches of planning permission conditions or Building Regulations consent conditions [...] or work that does not have all necessary consents".

    It will be up to OP to decide if they want to answer that truthfully based on what they know. It could be as straight-forward as "Planning permission was not sought for the decking but this was completed in 2011 and the enforcement period has now passed".
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