Concern over possible lack of planning permission

purplebuzz

Hi,

My husband and I have found a property that we are going to offer on.

I requested a copy of the HIP to look at this morning before, we make the offer.

Everything seems ok, just have one question related to the Property Information Questionairre that the vendor completed.

Regarding a kitchen extension that they have added:--
(b) Was building regulation approval obtained?
Yes [x] No [ ] Don’t know [ ]
(c) Was planning permission obtained?
Yes [ ] No [ ] Don’t know [x]

My question is, How can they not know if they got planning permission for it or not? Well I suspect that they didn't, otherwise they would know, and also I have searched for previous planning applications for the address and found none.

I presume that they wouldn't have needed planning permission due to permitted development rights, and would I also be right in assuming that the building control inspector might have mentioned the need for planning permission if it had have been necessary???

Do you think that any of this should stop me from offering?

Thanks

princeofpounds

Probably a good idea to clarify the exact situation.

You can obtain indemnity insurance for these matters. You can ask the vendors to pay for this and it is not always that expensive. It may not even matter if the structure has been there for long enough with no complaints.

Passing building control is no guarantee of planning at all.

Permitted development rights may well apply.

purplebuzz

Ok, thanks, for the answer.

I can get my solicitor to look into it, if I was to go ahead with the purchase and get the indemnity insurance.

However, if we were to extend the property in the future, i.e. add a conservatory or change the garage to a room (obviously after applying for planning permission) would they then notice / say anything about the lack of planning for the kitchen extension?

chickmug

Call the relevant Planning Department at the council.

They are very helpful and will tell you if is has PP, or if it needs it, or not.

planning_officer

purplebuzz wrote: »

...if we to extend the property in the future, i.e. add a conservatory or change the garage to a room (obviously after applying for planning permission) would they then notice / say anything about the lack of planning for the kitchen extension?

Yes, they would notice, but the chances are it would have been permitted development and/or once 4 years has elapsed, it is lawful anyway - even if it required permission originally.

Richard_Webster

As Planning_Officer says it is often permitted development, but remember that to get a definite answer you would need to quote the address as sometimes permitted development rights are taken away by the original planning permissible so a generic answer which hasn't involved looking up the planning file may not be good enough.

Problem is though that once you have spoken to the Council about the actual works at the particular property an indemnity policy will not be available. So probably better to get your solicitor to get a copy of the original planning permission to check if PD rights have been removed and then to seek to apply the PD rules to your case if they are applicable. Unfortunately a lot of conveyancing solicitors do not know much about planning so they may get mixed up, I'm afraid.

chickmug

Richard_Webster wrote: »

As Planning_Officer says it is often permitted development, but remember that to get a definite answer you would need to quote the address as sometimes permitted development rights are taken away by the original planning permissible so a generic answer which hasn't involved looking up the planning file may not be good enough.

Problem is though that once you have spoken to the Council about the actual works at the particular property an indemnity policy will not be available. So probably better to get your solicitor to get a copy of the original planning permission to check if PD rights have been removed and then to seek to apply the PD rules to your case if they are applicable. Unfortunately a lot of conveyancing solicitors do not know much about planning so they may get mixed up, I'm afraid.

Very true as my last home had the rights removed and caught a number of my neighbours out. It was because the rear of our houses could be seen from houses several hundreds of feet away so rear extensions, consevatories and even decking needed PP inour case.

So I wouldn't risk it without calling planners.

purplebuzz

Richard_Webster wrote: »

As Planning_Officer says it is often permitted development, but remember that to get a definite answer you would need to quote the address as sometimes permitted development rights are taken away by the original planning permissible so a generic answer which hasn't involved looking up the planning file may not be good enough.

Would I only find out about the removal of the permitted development rights if I was to ring the planning department in the local council or would it say anywhere else, like the covenants on the title register for example (which I have a copy of as part of the HIP)

Thanks

Dinah93

You need to check both the deeds and with the planning office, as removal of rights can be in one but not the other, and vice versa. Depending on when the extension was constructed would determine which set of regs it came under to determine if it needed permission.

Richard_Webster

Where do you get the information about removal of PD Rights? I'd already answered this in an earlier post:

So probably better to get your solicitor to get a copy of the original planning permission to check if PD rights have been removed

purplebuzz

Thanks, I must have missed that bit when reading it earlier, so this makes sense now.

Thanks again!