Extension built with no planning permission

digitalphase

The house we are about to exchange on has been flagged up on our solicitor's searches that the extension had not been granted planning permission.

The current seller who has owned the house since 1993 says the extension was done around the 80's, which matches up with our surveyor's estimate of 1975. The seller has no evidence of this, but the surveyor must have been able to determine this some how.

Now our solicitors are arguing with the seller's solicitors saying that whilst planning can not be enforceable after so long, there is no statutory period for which building control cannot take enforcement action. What does this actually mean for us?

Our solicitors want the seller to pay £16 for 'indemnity insurance' although this doesn't cover the adequacy of the work carried out, so in effect, is there any point to it?

Obviously this is something to bare in mind when we sell it in the future, but why should we be held accountable for something which didn't get planning permission before I was even born? :eek:

gazareth

We are in a very similar situation with dates similar to those you have stated.

We are satisfied with the adequacy of the build based on what our surveyor has told us and have taken an indemnity policy in the unlikely event that building control will take enforcement action in future.

jbainbridge

Unfortunately that's the way it works. We bought our current house knowing the previous owners had build an extension but failed to get the completion certificate. At the time the council were contacted and stated that as it was more than 12 months old they could not take any action - though they would do at anytime if it was felt to be unsafe. We also spoke to our surveyor who assured us the extension was fine.

Now we are selling ... our buyers lender requires an indemnity. Why, I don't know? the extension is now ~15years old and the council have no interest!

So speak with your surveyor if you want some reassurance. You may find the indemnity is required by your lender ... what purpose it actually serves I don't know.

Richard_Webster

The Council wouldn't dare take action under the Building Regulations after so many years - the tabloids would have a field day over Council's waste of resources!

Only real reason for policy is that mortgage lenders can't understand this and when we report (as we have to) that we do not have evidence of compliance with the regulations they seem to want these policies because they somehow think they will protect them. Unfortunately if arranging a policy is what it takes to keep a lender happy then that is what we do. Also if the policy is there then you sell - won't have to pay for it - or only pay less for an upgrade to cover an increased property value.

Freecall

It is very unlikely that Building Control will take any action (in fact they won't even know unless somebody tells them).

The problem however is that this situation will not 'fix' itself. When you come to sell you may find that it limits your potential market.

digitalphase

Thanks all.

We decided to pay for the indemnity policy ourselves as it's only £16 at the end of the day. We also don't need any more hold ups. Maybe it's the mortgage lender who have pressed her on it, who knows.

We were worried incase it came to light when we applied for planning for another extension, so want everything above board and not to be stung for something we had nothing to do with.