The Four Year Rule - Extension Planning Help please?

seagull09

Short background: In 2003 my semi-bungalow had an extension fitted, externally 5.8m wide by 3.9m deep, pitched roof, and builder was well aware that as it needed doing quickly, it had to be within the 70 cubic metre permitted development then allowed, which having measured it it seems to be (just - 69.5 I make it). Was completed in 2003, has Building Regs Completion Certificate and have been paying higher level of Council Tax since revaluation (Wales) then as compared to neighbours.

Current: Had an offer on the house, buyer would appear to have contacted council to ask about planning permission, they have sent me a letter saying that the extension 'may exceed' the permitted development as they reckon it is 72 cubic metres from their measurements. My solicitor of course very cross as he says it would now be impossible to get Indemnity Insurance, however he also says as it was built and finished in 2003, nothing Council can do anyway.

Rang Council Planning who said 'no it will need retrospective' if measurements accurate, though they also said it would get granted as it is a 'nice extension'.

Question is: all very well and good, but that will delay sale by several weeks, even months, so do I really need to get it, as it is 6 years since building, and borderline as to whether it is or isn't permitted development anyway? Does the Four Year Rule apply?

RLH33

Yes the four year rule does apply. Even if is bigger than 70 cu m then it has been up well in excess of four years so there is no danger of enforcement action being taken against you. I can't believe the Council is asking you to apply for retrospective permission, what you should really be applying for is a certificate of lawful development - ie you just have to show that 'on the balance of probabilities' that the extension has been there for more than four years.

You have a couple of options - a) apply for a lawful development certificate - will take minimum of 8 weeks though, b) speak to the Council again and ask them, if you were to write to them stating the facts i.e. it has been up since 2003 could they write back to confirm that it is now unenforceable. If they are able to do that then the letter should be sufficient to allay your buyers worries or c) just tell your solicitors the facts and say that you don't think permission was needed, and even if it was then it is unenforceable now anyway.

Richard_Webster

Yes the four year rule does apply. Even if is bigger than 70 cu m then it has been up well in excess of four years so there is no danger of enforcement action being taken against you. I can't believe the Council is asking you to apply for retrospective permission, what you should really be applying for is a certificate of lawful development - ie you just have to show that 'on the balance of probabilities' that the extension has been there for more than four years.

You have a couple of options - a) apply for a lawful development certificate - will take minimum of 8 weeks though, b) speak to the Council again and ask them, if you were to write to them stating the facts i.e. it has been up since 2003 could they write back to confirm that it is now unenforceable. If they are able to do that then the letter should be sufficient to allay your buyers worries or c) just tell your solicitors the facts and say that you don't think permission was needed, and even if it was then it is unenforceable now anyway.

I broadly agree and would tend to go for option C.

One thing that does need checking is whether there was a condition on the original planning permission that took away the "permitted development" rights. If this is the case then it would have been built in breach of condition and a 10 year period has to elapse before it becomes immune from enforcement.

planning_officer

seagull09 wrote: »

I have checked and the only 'restriction' on development appears to be the fact that the house (and others) are subject to covenant restrictions, i.e the original builder and land owner has to be asked before building additions/putting up fences.

That's not from the original planning permission - that's from your deeds (which are completely different!). Covenants appear on the deeds and are not planning conditions - these only appear on planning permission decision notices.

If there is a condition on the original planning permission restricting any future extensions without planning permission (from the Council - not the builders or other landowners), like Richard says above, it will be 10 years before your current extension is lawful, not 4. Although, that is of course assuming that it exceeds 70 cu m - I presume you are measuring externally and including all projections - eaves, projecting windows etc.

Richard_Webster

Current: Had an offer on the house, buyer would appear to have contacted council to ask about planning permission, they have sent me a letter saying that the extension 'may exceed' the permitted development as they reckon it is 72 cubic metres from their measurements. My solicitor of course very cross as he says it would now be impossible to get Indemnity Insurance, however he also says as it was built and finished in 2003, nothing Council can do anyway.

If it is a covenant rather than a planning issue then talking to the Council won't make any difference (unless the Council in its landowning capacity sold the land) and you should be able to get a restrictive covenant indemnity policy.

capo-krp

About 12 years ago we raised the height of a section of 1M garden wall by an additional 1M with Larchlap panels - I have been in discussion with the local Council Planning Dept about an house extension, for which I now have approval and then mentioned replacing the larchlap panels with brick - to be told this would require an additional planning application - is this right?