Planning permission / building indemnity insurance

planning_officer

Yep, once it's four years old there is nothing to worry about planning-wise. The Council cannot take any enforcement action after that period, provided there is reasonable evidence to show it is older than 4 years (highly unlikely you'll ever be asked though). It also makes no difference whatsoever if it's in a conservation area - whilst planning is normally more stringent in such areas, that only affects planning applications when you're applying to build something - the same legislation applies regarding the 'four year rule', so once it's four years old, it's immune from enforcement action.

If the house dates from the 1890s and you say the extension could have been added shortly after, it sounds like it pre-dated the entire planning system!! The requirement to obtain planning permission only started in 1948, therefore it probably didnt even need permission when built - in which case, in effect it's been lawful since the day it was built.

Richard_Webster

If the house was built in the 1890s my comment about possibly 10 years for planning enforcement cannot apply. This is really only about modern developments where sometimes the "permitted development rights" are taken away by express condition and any extension therefore needs consent and constructing without consent is a breach of condition and therefore enforceable for 10 years, at least in theory. In 1890 there was no Planning Law as we know it so there couldn't have been any such condtions so as Planning_Officer says from Planning Point of view, if it is 4 years old, you are safe.

Frankly from a Building Regs point of view if it was probably built pre 1948 the solicitors are being silly worrying about it at all.

SGE1

OK thanks all, I'll bring this up with the solicitor. He knows the house was built c.1890s, as he's seen the full building survey which details all of this, so I'm not sure why all this is happening.