planning permission for a balcony

grai

A friend has put a roof terrce on his flat without planning permission and is now hoping to sell

will he get found out if the surveyor wants proof that he did get permission? Would the people buying be able to turn a blind eye if they like the roof terrace?

Or do people do this all the time and get away with it?

BitterAndTwisted

What has this roof-terrace/balcony been built on top of and who does it belong to? It's entirely possible that the structure isn't strong enough to take the weight of a person or persons. As far as I know it's not PP your pal needs to be aware of but more likely building regs.

grai

its on top of a bathroom roof - his brother did it and I think he knows what he's doing as a builder but it overlooks people

I'm just thinking ahead to him selling then the people who bought it finding out theres no pp and wanting him to foot the bill if the council want it removed

Hailstorm

If it does warrant planning permission or building regulations consent I would have thought the buyer's survey would pick it up and suggest their solicitor checks that any necessary consents were obtained.

On the house I bought last year the surveyor did pick up that the conservatory was large enough to warrant planning permission and said I should get my solicitor to check it was obtained.

G_M

I'd be more worried about how it was built. What kind of builder is the brother. Now let's see... he's the kind who doesn't look into planning permission and building regulations....

Is it safe to walk on or will someone end up in the bathroom?

Also, Bitterand Twisted asked who it belongs to. Your friend presumably has a lease for his flat, but does it include the roof?
Presumably there is a freeholder/management company who should have been asked permission too.

grai

he bought the flat off the council - I dont know how good a builder the brother is but the balcony LOOKS amazing and he makes a good living and is experienced so structurally it is PROBABLY ok - I'm more worried about the whole thing not being legal and bringing up problems when my friend tries to sell

nomoneytoday

The solicitor and surveyor will 99% ask for the documentation IMHO..
Can you get retroactive permission?

G_M

grai wrote: »

he bought the flat off the council - I dont know how good a builder the brother is but the balcony LOOKS amazing and he makes a good living and is experienced so structurally it is PROBABLY ok - I'm more worried about the whole thing not being legal and bringing up problems when my friend tries to sell

Yes, he bought the flat. But did he buy the roof??? Almost certainly not and the council will retain rights (and repair obligations) to the roof. He would need permission from the council housing dept to add the roof to his flat, as well as planning permission and building regs.

Easy to make something LOOK good. Doesn't mean it's either safe or legal.

grai

nomoneytoday wrote: »

The solicitor and surveyor will 99% ask for the documentation IMHO..
Can you get retroactive permission?

will that effect the sale? Could potential buyers who like the flat turn a blind eye to the lack of documents? This is what we're hoping - or that no-one will ask when they view or do a survey for the flat because they like it so much

is that a possibility?

g_attrill

I would agree that the fact it's a flat will be far more of a problem than planning permission. The leaseholder is likely to have a fit if the roof was converted without permission, even if he does have the rights to use it.

grai

Whars retroactive permission?

my friend is just hoping that the balcony is so stunning (which it is) that the whole thing will just go under the radar when he tries to sell because people will kill for a stunning balcony no matter what

from what people have said it doesnt look like its that simple