no planning permission for extra bedroom - what happens now?

td

We're just in the process of buying a 4 bedroom house - or so we thought! One of the bedrooms is a converted garage - but it seems there was never any planning permssion for it. The people we're buying from bought it already converted by the people who lived there before them - and they bought it about 9 years ago.

I can't get in touch with the council to ask them what the options are - they must still be on holiday and just wondered if anyone had any experience of what might happen next. My solicitor is on holiday and we're moving out of our house tomorrow as we have sold ours - I'm expecting a baby in 4 weeks and quite frankly I'm in a panic.

Any ideas?

td

lewolf

This is a difficult one that we have come across twice. You can either insist the seller gets retrospective planning permission (which could add months to your purchase and then be refused anyway) or you can insist the seller gets indemnity insurance for it not complying to building regulations and planning persmission (usually a few hundred quid to your seller). However, when we came up against this the Solicitor told us its not really worth the paper its written on (can't remember why but hopefully someone can tell you here).

You really need to wait for your solicitor and go over all the issues. The timescale is important too. The longer it has been in situ, the less likely it is that the Local Authority could enforce a planning issue on it. You are probably ok on that one now but proof is needed.

Also, your mortgage lender may not like a change of use of the property without consents. They can usually be placated with the indemnity insurances.

Once you have good legal advice, and you find a way to continue, you may be in a position to drop your offer price.

A word of warning though, make sure you sort this out before you buy, so that when you come to sell the property there are no outstanding issues on the conversion that has been done (and then you won't have to pay out hundreds for indemity insurance).

Nell

Jorgan_2

A garage can be converted without the requirement for planning permission, it may require building regulations instead. Due to the time that has elapsed the council may accept the conversion for what it is. Your solicitor will be able to check out both of these.

From what I have interpreted from your op, the garage has been converted into a room that is currently being used as a bedroom (unless you are buying a bungalow or split level property), check that the external wall has a double skin & adequate insulation.

silvercar

If the extension was done more than 4 years ago then you can't be asked to undo the work, unless it is a listed building or in a conservation area. (That's what my solicitor told me when I had a similar problem).

An indemnity policy covers you for the difference in value between the property with the necessary approvals and without. It comes with the proviso that you can't make enquiries about it, thereby causing issues to be made, so effectively its useless in this case. For a recent extension it would cover you for correcting the situation should you receive a complaint; but with the gagging order its not ideal.

matto

A garage conversion like this should come under permitted development rights and no planning permission would normally be required.

I think it's 7 years rather than 4 but after this time the council can't take any action.

Building regs would be a different issue and (at least nowadays) covers issues such as electrics, ventilation, insulation, access etc. Providing there'n no gas or plumbing fittings in there, then there shouldn't be a lot to worry about.

td

Just to update anyone who has a similar prob - it was building regs that can be obtained retrospectively in less than a week at a cost to vendor of 120 quid - basically someone goes round with a tick sheet and then grants permission or tells them what they need to do for the permission.

td

doberryfirkin

This is an old thread but I have a slightly different twist. The house I want to buy has a loft conversion. The seller has stated it is a bedroom in the flyer. I don't know when the conversion took place nor whether any regs were applied. The surveyor was curious about whether the necessary fire regs applied as firedoors should be in place down the stairs. Can anyone tell me if there is a past date before which these regs or fire precautions are not applicable or is it retrospective?

silvercar

Building regs cannot be applied retrospectively. So either it has passed building regs years ago or they will have to comply with current regs. Current regs will mean putting in a fire door. This is not the end of the world, our sellers has to do it when we bought.

hazeyj

I would of though that the people you are buying the house off now would have had got an indemnity policy from the sellers who did the extention when they bought the house from them. Have you asked them at all?

Debt_Free_Chick

td wrote:

We're just in the process of buying a 4 bedroom house - or so we thought! One of the bedrooms is a converted garage - but it seems there was never any planning permssion for it. The people we're buying from bought it already converted by the people who lived there before them - and they bought it about 9 years ago.

Once the conversion has existed for more than 4 years, any enforcement is time-barred. Ignore it

elona

How difficult and expensive is it to fit fire doors?

Can anyone help?