rear extension no building regulations

toxicmango

hello all. I purchased my house some 10 years ago. The house had a roof extension and a rear extension done in 1982. When my sols looked into this it turned out that planning had been applied for but never approved. When i spoke with the council they said they would take no action but also could not do a retrospective planning approval. Sols asked other party to do idemnity insurance and said should buy house as a good price.

Recently we were looking to sell the house. I asked some estate agent and one of them said that he assumed that house had requisite planning approval. I said no and he said it could be difficult to market as a 4 bedroom house.

Is what the estate agent saying right bearing in mind i bought it as a 4 bed house. Thanks in advance

Doozergirl

After four years, any new extension is legal on a regular house. In a designated area or on a house that has restrictions due to being a listed building etc I understand it's 7 years.No indemnity required for Planning Permission as no action can ever be taken against that build now.

As far as building regulations go, well. Building Regulations in the style that they are now, covered by one piece of legislation were only introduced in 1984. Most LAs won't even keep records going back that far. Seriously, I'd find out what year your council's records started in and if it's later than 1982, then say nothing. I wouldn't even reply to their solicitor's questions. I'd give them the date and tell them to refer to their own searches.

But agents really do talk claptrap if they say that a 30 year old extension without planning means that a bedroom doesn't physically exist and can't be sold as such. Of course it exists and yes it can be sold as a house with as many bedrooms as it has. I virtually guarantee you that the house that the extension is stuck to had no building regulations approval either, but no-one's worried about that.

toxicmango

Doozergirl wrote: »

After four years, any new extension is legal on a regular house. In a designated area or on a house that has restrictions due to being a listed building etc I understand it's 7 years.No indemnity required for Planning Permission as no action can ever be taken against that build now.

As far as building regulations go, well. Building Regulations in the style that they are now, covered by one piece of legislation were only introduced in 1984. Most LAs won't even keep records going back that far. Seriously, I'd find out what year your council's records started in and if it's later than 1982, then say nothing. I wouldn't even reply to their solicitor's questions. I'd give them the date and tell them to refer to their own searches.

But agents really do talk claptrap if they say that a 30 year old extension without planning means that a bedroom doesn't physically exist and can't be sold as such. Of course it exists and yes it can be sold as a house with as many bedrooms as it has. I virtually guarantee you that the house that the extension is stuck to had no building regulations approval either, but no-one's worried about that.

thanks you put my mind to rest

timmyt

toxicmango wrote: »

hello all. I purchased my house some 10 years ago. The house had a roof extension and a rear extension done in 1982. When my sols looked into this it turned out that planning had been applied for but never approved. When i spoke with the council they said they would take no action but also could not do a retrospective planning approval. Sols asked other party to do idemnity insurance idiot lawyer (bet not a 'solicitor') as you just said the Council cannot take action, as that is all the insurance covers...the Council taking action. and said should buy house as a good price.

Recently we were looking to sell the house. I asked some estate agent and one of them said that he assumed that house had requisite planning approval. I said no and he said it could be difficult to market as a 4 bedroom house. Idiot Estate Agent too...planning permission is nothing to do with build quality!! Just Council consent to do it because it is in keeping with the immediate area!

Is what the estate agent saying right bearing in mind i bought it as a 4 bed house. Thanks in advance

Lack of planning is irrelevat, and yet building control absence might be more relevant, as whilst unenforceable by the Council, unless danger to health and safety, you could get cheap (£50 or the like) insurance to cover the COuncil taking action for lack of building control.

Done all the time to dispose of suc issues.

So you will have no problems, good luck OP with the house sale.

BUT employ an actual 'solicitor' to handle the conveyancing as they are better trained to handle such issues as you mention.