Buyers solicitor asking for original planning consent

[Deleted User]

My house is 30 years old on a small development of similar houses in a busy area. Why would he need to see original planning documents?

bubblybee

I have no idea I'm afraid but I suggest you ask the reason behind it so you know how to respond. It could be just the solicitor wanting all the paperwork in order. If so, and the original consent isn't available, you can apply to get a Certificate of Lawful Existing Development from the Local Planning Authority. It could take up to 8 weeks for it to be signed off but it is a relatively straight forward procedure. You have to fill in a form and provide evidence that the house has been there for at least 4 years (10 years in some cases).

Alternatively the solicitor may want to know if there are any conditions on the permission which may restrict what the purchasers can do with the property.

The starting point would be the planning register at the Local Planning Authority - although a lot of them have gone through a process of rationalisation of the paper files and they may not have them any more.

Debt_Free_Chick

Glassannie wrote: »

My house is 30 years old on a small development of similar houses in a busy area. Why would he need to see original planning documents?

As part of some meaningless box-ticking exercise, which seems to be acceptable as a substitute for common sense these days.

Even if there were no planning consent, the local authority is out of time for taking any action against anyone regarding the development.

I suggest that the buyer's solicitor is told to "make their own enquiries of the local planning authority".

cosmojohnson

Had a similar request from the buyer's solicitors last week. My solicitor tells me that under the conveyancer's protocol they're not obliged to provide copies of planning permissions that are so many years old, and as mentioned above the local authority would be out of time to do anything anyway.

Richard_Webster

Normally not needed but there could be condition in a permission that could have been broken recently and therefore not yet immune from enforcement, e.g only to use a garage for garaging vehicles in relation to the residential use of the property (and not as habitable room) or that a particular window is glazed with frosted glass.

If there is a permission, even if it goes back to 1948 then the local planning authority has a duty to produce it on payment of a reasonable fee so if it has been lost if can be obtained. It is only if it never existed that it might be necessary to get a certificate of lawful use and development.