How to go about having no planning permission but building over 4 years?

papermoney

We bought our house in September 2005, it had a consevatory built in 1999.

We had no problems buying it as the solictor explained that anything over 4 years can not be taken down by the council.

We are now selling the property and the buyers solicitor say they want us to pay an indemnity insurance incase the council come round to take it down.

How do we deal wwith this situation, our solicitor is unclear on the situation. Infact our solicitor said, ooooh I just asked you for the indemnity insurance as the buyers solicitor asked me to. - I have no idea what i'm paying the solicitor for.

I feel like i'm getting no where.

I do have an email from the council saying if the conservatory was built over 4 years ago then they have no interest in it. I don't know how to proof it was built over 4 years ago.

papermoney

I should say I only know it was built in 1999 because the neighbours have told me so.

Doozergirl

Just get your soliccitor to word strongly that the conservatory was built in 1999 and that indemnity insurance is not required, enclosing your letter from the council.

You don't have to prove anything and you'll find that these things tend to go away quicker than you think, given the correct reply.

nollag2006

Your solr was negligent in the purchase, and should not have advised you like this.

I've seen instances of constructions much older than 4 years being ripped down because they don't have PP

Is this the same solr who handled your purchase? If so, you should embarrass him into paying the indemnity

papermoney

Thanks both of you.

It is not the same solicitor. I have contacted the previous one and they are getting back to me tomorrow.

I have spoken to the council who have assured me they have no interect in the conservatory.

I'll see what happens tomorrow - thanks

strawberrylane

This arises a lot. At the end of the day an indemnity policy will cost around £100 - £150, not a lot compared to the price of a house. It really depends on how motivated you are to sell.

Doozergirl

You've seen Richard Webster's post on your other thread? Pretty much explains things to me with regard to other solicitors not picking it up.

It's so not a big deal and your solicitor wasn't actually wrong as the 4 year point had already passed when you bought the property. You didn't need indemnity, your buyers don't need it either!

I'm not sure exactly how many instances of constructions much older than 4 years you have seen nollag2006, but I have seen uPVC windows and great carbunckles of uPVC conservatories slapped on the sides of Listed buildings that can't be requested to be removed. I'm sure the instances of those still standing far outnumber those required to be torn down, especially where they are structurally sound and in keeping with the area. There are such things as retrospective planning permission and permitted development, where you can obtain a certificate of lawful development if the extension consists of less than 15% of the area of the original house, I believe.

ABN

Correct me if I'm wrong, often am, but from reading other threads, by contacting the council over this matter it will have invalidated any indemnity insurance i.e. it too late now anyways

Doozergirl

ABN wrote: »

Correct me if I'm wrong, often am, but from reading other threads, by contacting the council over this matter it will have invalidated any indemnity insurance i.e. it too late now anyways

If the OP has spoken directly about the property, yes.

Richard_Webster

For the benefit of others reading this thread, the other thread Doozergirl referred to is at :

http://forums.moneysavingexpert.com/showthread.html?t=415539

Planning Law can be a problem for conveyancers. I spent some years working as a Planning solicitor for a local authority so it pains me greatly when I patiently explain what I feel is a simple point of Planning Law to a buyer's solicitor and they don't get it. I have had situations where they simply will not accept my explanation and want something from the Council, so some clients end up paying for things that aren't needed simply to shut the buyer's solicitors up and get the transaction moving!

If you have a letter from the Council saying they are not interested if it is more than 4 years old then that should shut up the buyer's solicitor apart from the fact that he might question how you can prove it is 4+ years old. A neighbour could do a statutory declaration saying when the conservatory was erected. Your solicitor could draw this after he had up talked on the 'phone to the neighbour to see what they could remember about it.

The other point is that the conservatory was probably permitted development but this would depend on its size, whether there had been previous extensions to the house, and compliance with certain other criteria such as height and distance from a highway (which is only usually an issue when you have an adopted highway att he back and the conservatory is less than 20m from it.)

Most conveyancers have a copy of a three volume work called "Emmet on Title" and in volume 3 there is a section on Planning Law which includes the relevant parts of the permitted development regulations so your solicitor should be able to check that the conservatory does or does not comply and cite chapter and verse to the buyer's solicitors - if it doesn't comply then you go the 4 year route with the statutory declaration if you have to.

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.

papermoney

Thanks for all the replies, It has got a little confusing as there are 2 threads on the same issue.