selling without planning permission for the conservatory

misspixie1

Hi I am in a quandry as last year we had a conservatory built on to the back of our house. It is 4 metres wide and four metres long with a 3/4 brick wall on the boundary side. We were told at the time by the builder that planning permission was not required but we are now selling the house and it has been highlighted that the lack of planning may come up with the buyers solicitors and delay matters. The problem we have is that funds are really tight and if we apply for the planning permission now and it is refused we then have to spend money altering the conservatory or do we take the chance that a solicitor will not actually question the planning permission. We did speak to neighbours before building and they have absolutely no problem with the conservatory. Are four metre conservatories allowed sometimes on Semi detached houses if the neighbours don't object.

Errata

If you didn't obtain planning it's highly likely it wasn't signed off by the building inspector. A purchasors solicitor and mortgage provider won't be thrilled about that.

Cannon_Fodder

To record the neighbours non-objection would require the planning process to ask their opinion...

http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommonconservatory/

To qualify for permitted development, and avoid the need for planning permission;

"Single-storey rear extension must not extend beyond the rear wall of the 'original house'* by more than three metres if an attached house or by four metres if a detached house."


Its not possible to know whether your council would take a hardline view or not.

Try ringing up anonymously "for their opinion on something you are considering doing"...



What about building regs ?

http://www.communities.gov.uk/documents/planningandbuilding/pdf/explanatorybooklet.pdf

If I want to build an extension to my home, will the Building
Regulations apply?

YES – but a porch or conservatory built at ground level and
under 30m2 in floor area is exempt provided that the glazing
and any fixed electrical installation complies with the applicable
requirements of the Building Regulations (i.e. Part N ‘Glazing –
safety in relation to impact, opening and cleaning’ and Part P
‘Electrical safety’). Annex A summarises the exemptions in the
Building Regulations. Your Building Control Service can supply
further information on safety glazing and electrical safety.
You should not construct a conservatory where it will restrict
ladder access to windows serving a room in the roof or a loft
conversion, particularly if any of the windows are intended as a

way of facilitating escape or rescue if there is a fire.



Ring up the builder, tell him he was wrong. Ask what he plans to do about it...!?

misspixie1

Hi, Thank you for your replies.....we know that the conservatory did not need building regs so that is okay. The builder does not want to know now unfortunately so it is down to us....we have been told by a solicitor that i should just keep quiet and it would be highly unlikely to be questioned as it is a conservatory and not a brick built extension and solicitors do not always get the full brochure on the house but obviously if it is picked up on by a convencing solicitor then it would waste a lot of time both for the purchaser, myself and the people we were buying from...

Does anybody have any info on the four year rule in that the planning deparment cannot take any enforcement action after this time. Some say its four years but another site says 12 so i am confused.

SmlSave

I think you can get an indemnity policy for last of plannig permission, ask your solicitor how much this is.

Also, arn't there penalties for withholding information should your buyers find out about this even after completion?

Lucy_Lastic

I bought a house with a conservatory that did not have planning permission. Apparently it did not need it as it was very small. However, the vendors took out an indemnity policy and my solicitor was happy with that. He said it was common practice. It was some years ago, so I don't remember if I had to get the policy renewed when I sold.

Hope this helps.

Cannon_Fodder

I would double-check the regs, in view of his lack of knowledge on planning; "provided that the glazing and any fixed electrical installation complies"


Get indemnity. If found out to be misleading, the buyers might wonder what else you have to hide, and walk away...

http://www.fareham.gov.uk/council/departments/devcontrol/enforcement.asp#period
Is there a period after which development becomes immune from enforcement action?


Yes, The period within which planning enforcement action can be taken is limited to:

• 4 years for operational development and change of use to any building for use as a single dwelling house
• 10 years for all other changes of use and breaches of conditions

misspixie1

Atfer consideration i have decided that it would be sensible to be up front with any buyers so they can make their own decision as to whether to go ahead without the planning permission and we would then obtain an indemnity policy.....i understand that i may lose buyers becuase of this but it would be better than going through the stages and then losing the buyer. can the indemnity insurance be purchased before the four years are up or does that only apply after...also because the conservatory was built by a builder (cash in hand) i did not get a VAT receipt so how would i prove how long it has been up. I am not clear on the four year rule so any help would be appreciated. Thank you.

Richard_Webster

4 year rule - apart from the exceptions mentioned below if something has been built for 4 years it is immune and you do not need a policy. The exceptions relate to listed buildings and breaches of condition.

The conservatory could have been built in breach of condition if there was a condition requiring express planning permission for any extension notwithstanding the "permitted development rights" in the original planning permission for the construction of the house. Then you have to wait for 10 years to obtain immunity.

You mustn't talk to the Council about it if you want to obtain an indemnity policy but these are often available for building work that is over a year old. The insurance company take a view about it. Th reality is that if nobody has complained, and the Council probably would have/should have granted planning permission if you had applied, then the Council wouldn't take enforcement action. A ministry inspector would probably grant planning permission if you appealed against an enforcement notice, so the whole thing would be a waste of time.

misspixie1

Richard..Thank you very much for your response, it has been helpful. I would not imagine there were any issues surrounding being built in breach of condition or there being a condition requiring express planning permission for any extension notwithstanding the "permitted development rights" in the original planning permission for the construction of the house as this house is an ex-local authority house constructed around 1955.

So hopefully if am upfront with buyers and they are happy for me to purchase the indemnity then i am assuming a sale could go ahead. I was worried that solicitors alert the Council to the non-existant planning permission so would be grateful if you could confirm whether this would be the case. Thank you.

timmyt

misspixie1 wrote: »

Hi I am in a quandry as last year we had a conservatory built on to the back of our house. It is 4 metres wide and four metres long with a 3/4 brick wall on the boundary side. We were told at the time by the builder that planning permission was not required but we are now selling the house and it has been highlighted that the lack of planning may come up with the buyers solicitors and delay matters. The problem we have is that funds are really tight and if we apply for the planning permission now and it is refused we then have to spend money altering the conservatory or do we take the chance that a solicitor will not actually question the planning permission. We did speak to neighbours before building and they have absolutely no problem with the conservatory. Are four metre conservatories allowed sometimes on Semi detached houses if the neighbours don't object.

so many conveyancers are not well trained. unless you use a solicitor you will be at a disadvantage, so you will probably be ok.

if it does require planning, and you get picked up on it, you are stuck and you willneed to go to the Council. Speak to your solicitor for further advice on whether you should take the chance it is not spotted or do you apporach Council now.