Purchasing - Extension, no planning permission or building regs approval

trevbob

I'm sure this has been covered elsewhere but I'd be grateful for direct confimation. Near exchange on a purchase. Vendors' side has not yet provided any planning consents or building regs approval for a small extension built approximately 1990. This may or may not have been before their ownership. Surveyor advises don't proceed until resolved.

Now the paperwork may turn up but I'm not hopeful. So can vendors purchase insurance which will cover me against extansion not having been built to building standards e.g. inadequate foundations. Can Council come after me if I do purchase? My other concern is that this may impact my ability to put on conservatory etc in the future as footprint capcity will already have been utilised.

Obviously don't want to be in a position where my ability to resell is impacted by this issue.

thanks

notakid

Hi
yes there is insurance available to cover you if a problem occurs also if the extention was built in the 1990's I think you are pretty safe. Speak to your solictor in regards to this as they will have much more of complete picture.

Debt_Free_Chick

trevbob wrote:

Surveyor advises don't proceed until resolved.

Why? What problems does the solicitor envisage?

So can vendors purchase insurance which will cover me against extansion not having been built to building standards e.g. inadequate foundations.

Possibly - but what are you asking them to insure? It's been standing for 16 years ..... what do you want to insure against?

Can Council come after me if I do purchase?

For lack of planning permission? No - they are time-barred and cannot enforce once the structure has been in place for 4 years.

My other concern is that this may impact my ability to put on conservatory etc in the future as footprint capcity will already have been utilised.

You are talking about Permitted Development. Even if they had got PP, this might have used up the Permitted Development rights anyway. Permitted Development is quite limited and I wouldn't worry if it's been used up. It simply means that you need to apply for PP for any future development. So what? If it's a desirable development in line with the Local Development Framework and generally accepted planning guidance, you have nothing to worry about.

Obviously don't want to be in a position where my ability to resell is impacted by this issue.

Depends on your buyer. These things don't bother me. In fact, they seem to be the latest thing for solicitors to make money out of! And many of them don't know anything about Planning Laws!!!!! :mad: :mad: :mad:

silvercar

your surveyor should be able to comment on the quality of the build. if its been up since 1990, any problems would have shown themselves.

As for planning permission, two options. Either it was within permitted development and PP wasn't required OR it was done without PP but 4 years has elapsed so the council can't order you to knock down.

Building regs. If they didn't get a building regs certificate then, they won't be able to now. if it was built to the regs in force at the time, it is too late to get a cert now as these certs cannot be issued retrospectively. To comply with current regs is probably not possible.

conservatories don't generally require PP. If it impacts on your footprint to extend, that is because you already have the permitted extension - that's life I'm afraid. it wouldn't prevent you are applying for PP for your new extension though.

Indemnity insurance just covers you incase you are required to do anything because the PP wasn't obtained originally. Not worth the paper its written on IMHO for a 1990 extension, for the reasons outlined above.

mrsc_4

We have the same problems as well, the property we are buying has a single storey rear extension done in 1979 and a loft conversion (into 2 bedrooms) done in 1980 when this was done an internal wall was also removed.

At the moment (MIGHT find out more today) our vendor has no supporting paperwork other than plans for the work, our Solicitor thinks we need to go down the indemnity route (but I called the planning office weeks ago and found out there was no planning permission - hey ho)

We still want to proceed with the purchase but I am concerned what would happen if we sold in the future but at the same time part of me doesn't care because after this move I don't plan on ever moving again!

carrielouise80

trevbob wrote:

I'm sure this has been covered elsewhere but I'd be grateful for direct confimation. Near exchange on a purchase. Vendors' side has not yet provided any planning consents or building regs approval for a small extension built approximately 1990. This may or may not have been before their ownership. Surveyor advises don't proceed until resolved.

Now the paperwork may turn up but I'm not hopeful. So can vendors purchase insurance which will cover me against extansion not having been built to building standards e.g. inadequate foundations. Can Council come after me if I do purchase? My other concern is that this may impact my ability to put on conservatory etc in the future as footprint capcity will already have been utilised.

Obviously don't want to be in a position where my ability to resell is impacted by this issue.

thanks

in situations like this the vendors should pay for indemnity insurance to protect your interests. This is easy to do via the solicitors

Debt_Free_Chick

mrsc wrote:

We have the same problems as well, the property we are buying has a single storey rear extension done in 1979 and a loft conversion (into 2 bedrooms) done in 1980 when this was done an internal wall was also removed.

At the moment (MIGHT find out more today) our vendor has no supporting paperwork other than plans for the work, our Solicitor thinks we need to go down the indemnity route

Ask your solicitor "indemnity against what?" If the answer is "action by the Council for lack of planning permission" ask the solicitor "but isn't the Council time-barred from taking action after 4 years, under section 172(4) of the Town & Country Planning Act 1990? Can't we just apply for a Certificate of Lawfulness?"

(but I called the planning office weeks ago and found out there was no planning permission - hey ho)

It think this invalidates the indemnity insurance, so it won't now be available to you.

We still want to proceed with the purchase but I am concerned what would happen if we sold in the future but at the same time part of me doesn't care because after this move I don't plan on ever moving again!

Get a certificate of lawfulness. Have a look at the planning section on the local council website to see if there's something like this

ascollen

Are there no approvals available or does the vendor simply not have them?

we were in similar position when we bought our house 5 years ago. Vendor didn't have the paperwork, we managed to get some more money knocked off.
I contacted the council direct and managed to get the original planning app documentation from microfilm. This is now safely esconced with my mortage lender.

mrsc_4

This morning Vendors EA said she has paid for indemnity insurance and its on its way to our solicitor (she hasn't recieved it this morning). I'm confused to be honest as my Husband's Aunt and Uncle called the planning office and still managed to get indemnity insurance on the property they brought.

silvercar

I'm confused to be honest as my Husband's Aunt and Uncle called the planning office and still managed to get indemnity insurance on the property they brought.

If they tried to claim on it then they might find the insurer reluctant to pay out. But then again, I can't think of an instance when there could be a claim on an extension more than 4 years old. So in both cases all you have secured is peace of mind.

STAR_BUCK

Hi

I'm in the same boat. We're ready to exchange but there is a query regarding the conservatory and planning permission. The thing is that we're going to knock it down anyway once we move in. Should we still try to get the vendor to provide indeminity insurance as a good practice measure? I'm confused??