Purchasing - Extension, no planning permission or building regs approval

matto

As has been mentioned above there is such a thing as permitted development rights, which allow you to build certain small, typically single storey extensions, without planning permission. Most conservatories are built using these rights and do not need planning permission.

Most sheds also fall within permtted development rights - they are not excluded simply because they are temporary buildings as is commonly believed. How long before we see indemnity policies for sheds. These policies are worthless because there is nothing to insure against.

Fortunately for both conservatories and sheds, building regs approval isn't normally needed.

silvercar

STAR_BUCK wrote:

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??

conservatories do not generally require PP.

If you are going to knock it down why would you want indemnity insurance? In case someone comes along and claims that you didn't have permission to put up what you are knocking down?

matto

You probably ought to apply to your local council for a certificate of lawfulness regarding the demolition you are proposing. You wouldn't want to have to buy an indemnity policy for future buyers just in case planning permission for your demolition was needed.

Whilst this post is slightly tongue in cheek it is nevertheless worth pointing out that certain permissions may be needed before you can demolish a building (or part thereof). How would you prove afterwards that you didn't need any of the permissions which you might have needed?

porthenys

Re discussion on indemnity insurance the property we are buying has a DIY garage extension built without planning permission and also in breach of a covenant put in place by the original builder. Could the builder insist on it being removed (it has been there since 1995) and would indemnity insurace cover the work assuming the vendor was prepared to pay for it?

silvercar

porthenys wrote:

Re discussion on indemnity insurance the property we are buying has a DIY garage extension built without planning permission and also in breach of a covenant put in place by the original builder. Could the builder insist on it being removed (it has been there since 1995) and would indemnity insurace cover the work assuming the vendor was prepared to pay for it?

the builder would have to prove that he has incured a loss by the garage being built without his permission. he would probably be time-barred or would certainly need a very good reason for a court to accept his tardiness in not taking action for 11 years. Showing a potential loss is possible if he is still selling houses on the development; harder if he has long left the area.

The council has only 4 years to take action, so your safe there. You may find that the extension falls within "permitted development" rights and no PP was necessary.

I wouldn't let it worry you, unless the same builder is trying to sell the house next door! You could ask the vendor for indemnity insurance, it would cover the loss in value for the garage not having permission, if you needed to claim.

Personally, I wouldn't worry due to the time frame - if the builder was going to act, he would have done so by now.

Slinky

porthenys wrote:

Re discussion on indemnity insurance the property we are buying has a DIY garage extension built without planning permission and also in breach of a covenant put in place by the original builder. Could the builder insist on it being removed (it has been there since 1995) and would indemnity insurace cover the work assuming the vendor was prepared to pay for it?

Is the builder still trading? Eleven years is a long time in the building trade it seems! In theory we needed permission from our builder to put a conservatory on our last house. In practice the building company had gone out of business (possibly trading again under another name) and weren't in a position to request permission from.