Buying a house without planning permission

bemused.com

We are currently considering making an offer on a house. It is a repossession and as such I have been doing some digging.

I have found out that planning permission has been applied for and granted on two extensions that have been built, but after speaking to Building Regs it appears that the main body of the house was built without planning permission.

It was built around 2000/2001 and the council have said that it is unlikely that they will enforce any action but have recommended that our solicitor apply to the head of planning enforcement to receive in writing confirmation that no enforcement will be taken.

The problem that I have is that I don't really understand the full extent of the implications of not having planning permission or building regs.

The house is fantastic value - but is it really too good to be true?

pors99

they could pull the house down.

best option speak to the planning building regs department make appt to seem them discuss your fears and see what they say. It is possible to apply for retrospective planning permission ie give planning permission after something has been bulit, as long at meets the regs and requirments outlined. again talk to their people see what they say

CluelessJock

bemused.com wrote: »

The house is fantastic value - but is it really too good to be true?

I would also question the likely workmanship of a builder/owner who is prepared to build a house without planning permission.

Could be more issues than the planning.

Lottebear

I would avoid, it could be loads of hassel and a very costly process.

bemused.com

I've spoken to the council who have confirmed that they would not look to enforce and wouldn't force us to knock it down. they will put this in writing for our satisfaction and for any future buyers that we may sell to.

The building regs guy said that as long as we invested in the best survey available - which would highlight any poor workmanship and real areas of concern - we could make an informed decision about whether to proceed or not. He said that he woldn't be put off in the same situation

We have a builder in the family who sees no obvious problems and we've also been advised that we can request that the bank that's selling it issues us with an indemnity guarantee.

This would seem to cover most of the concerns that we already had and have been raised tonight - i.e. would we be forced to knock it down/held responsible/is it sound or of good quality etc

Still have a nagging doubt in the back of my mind tho and I don't know if its warranted or whether its because we've never been faced with such a situation before and are just being naturally risk averse....

silvercar

The building regs guy said that as long as we invested in the best survey available - which would highlight any poor workmanship and real areas of concern - we could make an informed decision about whether to proceed or not. He said that he woldn't be put off in the same situation

I agree. If the council are prepared to right that they wouldn't take any action, then that is as good as giving retrospective planning permission, in my reckoning.

We have a builder in the family who sees no obvious problems and we've also been advised that we can request that the bank that's selling it issues us with an indemnity guarantee.

Indemnity may satisfy a lender. Its actually worthless, especially if you have already tipped off the council to the problem. But then you will have the council letter in any case. I would pay for an indemnity just to keep any lender happy.

You want a proper structural survey, not the family builder. Gives you an extra layer of cover in that a surveyor will have professional insurance, so if the house did fail in a way that the surveyor didn't spot, the insurance would pay out.

Ms_Chocaholic

See here
http://www.thenorthernecho.co.uk/news/4440205.Businessman___s___400_000_dream_home_demolished/

Make sure you get that letter off the Council

bemused.com

Thanks all for the advice. We'll instruct our solicitor to request the letter from the council and had always planned on getting the best survey - the family builder was just a pre-cursor to this i.e. if he thought it was no good then we wouldn't have proceeded any further.

Thanks Silvercar for the advice about the surveyors professional insurance - we weren't aware of that so that's a bonus.