buying house no plan perm extension built 1974!

missbee

Hi, I wonder if anyone could help! I am looking to buy a house that had an extension built in 1974 with no plan permission or building regs, although an inspector from the counicil came out to check the work (but all paperwork is 'lost' relating to this, I have contacted local council and as so long ago not even archived records as only inspection not application for planning). The extension is bigger than the 70m3 allowed without regs.

I've spoken to my solicitor for advice and they say that there are three basic options: 1- the sellers contact council to inspect property and give consent - at a cost to seller and possible LONG wait (which we, of course, may risk losing our buyers, who are first time buyers very keen to move quickly). 2- they get an 'indemnity insurance policy' BUT my solicitor says they probably won't go for this as a cost to them and will probably be advised not to as work done so long ago. 3- we, and they, do nothing!!

I have noticed on this forum some mention of if an extension has been up longer than '4 years' it can't be taken down - does anyone know more about this?
As the extension has been up for 32 years, am i being silly to even worry about it? My main concern is it is the kitchen, so if a problem we would be 'kitchenless!!
Any help would be much appreciated.

silvercar

1974! The council is not going to require its removal. You won't be able to get current building regs certificate on it, as no doubt it wouldn't meet current regs.

General rule is that, provided its been standing for 4 years + and its not in a conservation area and there are not current actions taken on its presence, no-one can force you to do anything. Presume you can enjoy the property as the current owners do.

Exception is for change of use (eg doctor's surgery, separate dwelling etc where the 4 years becomes 10 years) or for leasehold properties where the freeholder may have more rights.

You should, of course, have the place checked out by a surveyor to ensure the building is of an acceptable standard.

missbee

Thanks for you help. It IS in a conservation area though - will this make a big difference? We have had a surveyor and that has all come back ok

silvercar

Knowledge of Conservation areas is limited; I would have thought that act quickly on things that are unacceptable so would have spotted a problem sooner.

hander

Ask your solicitor about indemnity insurance? Vendor can pay for this if appropriate.

missbee

Yes, I've asked for them to request this - but as I said in my post, my solicitor didn't seem too hopeful they will pay this. She said if it were the other way round and it was my property with no plan permission for ext built so long ago she would advice me not to pay for the insurance! I'm still waiting t see what the sellers say to my request, but if they refuse I'm not sure what to do!!

mrsc_4

Miss Bee we are in a very simular situation to yourself as well, except we don't know how long ago the loft conversation was done (not done by Vendor and she has lived there 9 years)

Doozergirl

Your extension is older than me! Seems ridiculous to even ask for an indemnity policy on something this old. If they were going to come after the owners, they'd have done it a very long time ago. I doubt your local council will have any interst or even have readily accesible records going back that far to consult. I think even in a conservation area it's something like 7 years when they can't do anything about it.

I really wouldn't worry about it.

missbee

It's crazzzy how people can get extensions/conversions etc without thinking, 'hmmm, maybe I need to get permission for this'! 9 years is quite long, as is 32 (ours!) but I hate that niggling 0.00000001% chance someone will come along and say it has to be changed!

missbee

Yes, this '4 year' or 7 year' as suggested has appeared on a few forus I looked at before posting my question. It seems odd that my solicitor hadn't heard of such a thing - and indeed the council person I spoke to didn't either. I'm guessing they just want to cover their backs, just in case!

real1314

it might be worth asking you sol's how much indemnity insurance would cost. If you really want this house, you could offer to pay for the insurance?