Help!!consequences of buying house without planning permission.

eleanorchang

Hi everyone,

I cannot seem to find any information relating to my diallema on the forum. i hope someone can shed a light on this. I have my survey done of a property, and the mortgage of 160K approved on a 12 year old 1 bed terrace house, so I have instructed my solicitors to proceed with searches etc.. There seems to be some problem with the conseratory in that it was not built with planning permission. Ordinarily a house owner can erect a conservatory of a certain size without planning permission. However such automatic rights are removed for this estate and hence whatever the size it, a conservatory requires planning permission. But there is none here.

The vendors doesn't seem to have any document stating when it was built, as far as she knows its 4 years ago, and the extension was already there when she brought it.

There is no doubt that the conservatory is considered as an extension, as the adjoining wall has been completed knocked out and the rectangular conservatory has been built in such a way that both the left and right side of it is a solid brick wall.

Can anyone give me any advice of what are the consequences of buying a property under these circumstances.

I have been given options of
1)purchasing the property BUT taking a Title Insurance on the conservatory
2) or demand the vendors to do a Retrospective Planning Permission + Building Regulation Consent, to get the conservatory approved
3)Negiotiate with vendors about this issue, to achieve a lower purchase price
4)walk away, as it will be more hassle than it is worth on the long run.

The conservatory was the main feature why we decided to put an offer for this property as it will give us that extra bit of room, as you can imagin a 1 bed house is already small enough for a couple and we cannot afford a 2 bed. Is was a disappointing blow I have got his far and the monies already spent is going to waste.

Any comments and advice is much apprieciated. I thank in advance for those who responds.

Rgds.
Ellie

rosysparkle

Presumably the vendor had this same problem when she bought the house if the conservatory was already built? Can you find out how they approached the problem then?

I don't know how likely it is that you (or the vendor) would get retrospective planning permission, but if it isn't gained by either of you, you are going to have the same problem when you come to sell. Could you approach the local authority and find out if retrospective planning permission is likely to be gained?

eleanorchang

My solicitors questioned the vendors solicitors about the planning permission and they seemed to be bewildered about whether one was needed!!!!. Surely the vendors must have known about this issue. Something just doesn't seem to right. Unless the vendors acting solicitors were negligent during her purchase of the property.

I have spoken briefly to the local council, they stated the retrospective planning permission would be treated as a normal application for planning permission. So they wouldn't know till an application is fully submitted. It could be 8 weeks worth of waiting with no positive result.

I have made an assumption if the vendors do go ahead, the council could possibly require them to demolish the extension and put their sale at risk. If I was the vendor I would certainly not put myself at this risk. Which leaves me to think of the option of negotiating a lower purchase price, get a Title insurance and apply for the retrospective planning permission. Should the council object then I am covered by the Title insurance to demolish and reinstate the building. However this seems to be such a risk and so much stress involved for the future thinking one day the council will come to the door for an inspection, or am i being paranoid?

Would you agree that it would be easier to walked away and find another property and apply for an extension? I am again assuming the wasted monies so far is small campared to the hassle and consequences afterwards.

I am a FTB and getting on the property ladder is already an upward struggle along with the stress involved, this news is so deflating. Has anyone out there been in a similar situation?

rosysparkle

How much would the title insurance be, and would you be paying this or the vendor?

To be honest, unless this property is something very special, if it were me I'd be considering walking away. What is the market like in your area? Are you likely to find another suitable property?

jennifernil

I would go for 2) or walk away.

eleanorchang

I haven't got as far as getting a quote for the Title Insurance, or even thinking who is paying for it. Call me cynical but as with all insurances there must be clauses left right and centre to avoid paying out should I ever need to use it.

Well the surrounding area is not our ideal choice, and the property is located in the "nice" part of the estate that was esablished 12-15 years ago. The property is fairly modern, good decorative order, layout and size as it has the conservatory. straight to the point if something remotly similar came along which is 5K-10K more expensive in a better location I would choose the more expensive property. If you get my drift!

There are not many 1 bed houses around, and in the surrounding area, they are priced around the 165-170k mark. (New build flats are 179K+) plus the sizes are not too generous as the one we are purchasing, they always seem to lack some kind of space one way or another. i.e in the sense there is not really a space to even put a 2 person breakfast table to make a "dining" area.!!! or anywhere to hang your laundry!!!

2 bed flat are available for the equivalent price, but the maintanance charges are a killer which I would prefer to go towards the mortgage which is 95% LTV.

Don't know whether I am being TOOOO sensible to chose a 1 bed freehold against a 2 bed leasehold flat.

seven-day-weekend

If it can be proved that the conservatory was built more than four years ago, even if planning permission was needed in the first place, it is by now exempt from enforcement action i.e. nothing can be done about it, no action can be taken.

At least, that is what the legislation said when I left work in a Local Authority Planning Department (Enforcement Section) in 2004. Check with your Local Planning Authority (usually the Council) to check that this is still the case.)

courtjester

The problem is that this will always come up as a problem each time the property is sold, so if you accept the property as is without the planning issue being addressed, you are risking your future prospective buyers walking away - as you probably should if the matter cannot be resolved.

Conservatories are considered to be temporary structures as they are add-ons to the building which can easily be removed if below a certain size and not within close proximity to a public highway (i.e the outside wall of the conservatory being alongside a public path or road).

However, if the 'conservatory' has been constructed such that it is an open extension to the property, with no dividing doors and permanently installed heating (connected to the main central heating system), it will not be regarded as a temporary structure so planning will be required AND compliance with building regulations - which makes further provision for items such as insulation values of the conservatory walls.

There is a risk that none of this has been allowed for in the original construction (in the absnece of information and documents) and for a number of reasons, you could be faced with being forced to take down the conservatory or rebuild it to a new specification.

eleanorchang

I spoken to the planning officer who said something similar to the above. However they didn't bring to my attention that even if planning was permitted the bulding regulation might fail, as the conservatory IS conconstructed in a way where there is central heating and open plan to the ajoining kitchen. True that I may need to demolish and rebuild to spec.

Thank you to everyones who has given advice and I think I am 90% willing to walk away. I have to wait for vendors feedback.
As they say "whats yours, will be yours, don't really want to force something that was not meant to be" Maybe a blessing in disguise. My heart was really set on this as being our first home.

I have already arranged a viewing tonight with a similar property at a better location at a cheaper price. Will have to see. Thankyou everyone.