Planning permission for conservatory ?

go_cat

We bought our house 9 years ago and the conservatory was here when we bought it

We are now selling and have been asked if it had planning permission

From talking to neighbours we think it has been up for approx 15 years

It is 9 metres square if that helps ?

The solicitor when we bought it never mentioned it

Is it likely we will have to take out indemnity insurance? / is this even an option ?

Thank you !

G_M

Yes indemnity insurance is an option - though pretty pointless.

Even if PP was required, which it may not have been, the chances that the council would now demand its removal, or retrospective PP, are.... 0.

However mortgage lenders these days require all sorts of pointless tickbox excersises, so you might need insurance to smoth the sale.

Johnhowell

Quote : Permitted development

ariba10

go_cat wrote: »

It is 9 metres square if that helps ?

30 ft x 30 ft---- Thats big!

KathysBoy

When we built a conservatory about 15 years ago the council told me it was a permitted development (see here). To be on the safe side I sent them the details and asked them to confirm in writing that pp was not needed, which they did. So I would check with your council in the morning, and if, for any reason it does need permission, I would take it up with the solicitor who acted for me in the purchase.

go_cat

ariba10 wrote: »

30 ft x 30 ft---- Thats big!

ooops maybe my maths aren't that good - 2.9 metres x 4.1 metres

G_M

KathysBoy wrote: »

When we built a conservatory about 15 years ago the council told me it was a permitted development (see here). To be on the safe side I sent them the details and asked them to confirm in writing that pp was not needed, which they did. So I would check with your council in the morning, and if, for any reason it does need permission, I would take it up with the solicitor who acted for me in the purchase.

But be aware that by contacting the council and alerting them to the presence of the conservatory, you will invalidate any indemnity insurance you later want to take out - so you will be closing off that option!

go_cat

G_M wrote: »

But be aware that by contacting the council and alerting them to the presence of the conservatory, you will invalidate any indemnity insurance you later want to take out - so you will be closing off that option!

so are we better waiting to hear from the survey and see what the mortgage people want then ?

meercatsunited

you can usually find out what the local authority approve by looking at planning on their site.

if the conservatory has a pvc/glass roof and the sides are a major % of glass then it is classed as within permitted build.
and providing you nor the previous owner removed the door and window to the adjoining room, once these are removed planning is required.

indemnity policy is cheap about £25 if you need the security but if its been there this long and no one has complained then I cannot see them doing so in the future.

another point if it is not freehold it could state in the lease that permission must be obtained from the leaseholder.

motherofstudents

9 square metres = 30ft x30ft ?

Richard_Webster

PP cannot be enforced after 4 years, hence why it has not come up before now,

Yes, but I am guessing that OP has confused Planning & Building Regulations. (If there was an express condition which took away the "permitted development tolerances" then the period is 10 years).

If it is just Planning, all this stuff about Planning and indemnity policies is so much tosh. It is immune and the Planning Department won't care a fig. Building Control might - so they are the people not to contact.

if the conservatory has a pvc/glass roof and the sides are a major % of glass then it is classed as within permitted build.
and providing you nor the previous owner removed the door and window to the adjoining room, once these are removed planning is required.

Sorry, but this is a typical piece of confusion brought about by mixing up Planning and Building Regulations. Those criteria are some of those that would determine whether or not compliance with Building Regulations is required. Please do not muddle up the two different types of control. If you complied with those criteria and the conservatory had not been up for at least 4 years (and in some cases 10 years) then you have to look at the separate and different criteria for determining with it is permitted development under Planning Law, which have nothing to do with whether or not there is a door between the house and conservatory etc.

another point if it is not freehold it could state in the lease that permission must be obtained from the leaseholder.

Right, and even if it is freehold there could be a restrictive covenant preventing building extensions etc without the consent of someone else. Such freehold restrictive covenants only become definitely unenforceable in respect of such building work after it has been in situ for 20 years.