No planning permission for extension on common land

sizzlesausage_2

We have found a house that we would like to make an offer on. However, it has an extension built on common land by the previous owners in the 1980's without planning permission. The house has ownership of this common land (I have checked the land registry details) but what are the implications of there being no planning permission? The current owner bought the property without a mortgage but we would need one.

Should we proceed any further? We are very wary of things going wrong for us again.

silvercar

the extension is over 4 years old so normally you can't be asked to remove it.

I know nothing of common land though. is it legal to build on it even?

never_enough

If the house has ownership of this 'common land' can it be classed as common? Have you discussed this with the EA or your solicitor?

Ian_W

Common land is usually privately owned but others have rights over it, like grazing etc.

4. I want to undertake works on common land or town/village green: are there any procedures I should follow?
Answer - Under section 194 of the Law of Property Act 1925 the erection of any building or fence, or the construction of any work, which prevents or impedes access to land which was subject to rights of common on 1 January 1926, is unlawful unless the consent of the Secretary of State is obtained.
https://www.defra.gov.uk/wildlife-countryside/issues/common/faqs.htm

The main defra site about common land is at:
https://www.defra.gov.uk/wildlife-countryside/issues/common/index.htm

Sorry, but I think it's highly likely that with no PP or SS permission in place the extension may not be legal. You need to discuss with your sol urgently, you may be able to get indemnity insurance but you need to be sure that the 4yr time limit that silvercar mentions for PP would be applicable to common land. If not the word "bargepole" springs to mind.

sizzlesausage_2

Thank you for all replies received. Taking the advice into account I think that we will walk away from this one as we have already wasted too much money in our previous attempt at buying a property.

clutton_2

your solicitor can answer this question very easily - why not ask it ? then make a decision