Buying an extended property that doesn't have planning permission....

WATTY1978

Hi

we have now accepted an offer on our property and we have a property we are interested in however i have a few reservations and wondered if anyone could advise?

The house is a thre bed detached. it has a single storey extension at the back which consists of a kitchen, utility and small shower room. a conservatory has been added at a later date and a summer house at the bottom of the garden. the space is perfect for us but i have checked it out and can only find a planning application from 1996 for a two storey extention. it was granted conditionally but was for a kitchen, utility, upstairs bedroom and bathroom. i cannot see any amendments to the application and nothing about a conservatory or summer house.

I understand i can ask for an indemnity insurance to cover my risk but what would worst case scenario be?

I could talk to our planning dept but i think if i do this then obtaining an indemnity insurance later would be difficult.

nextdoor has a similar size extension and it looks like this one has been built a while so if they had objected surely it would have been raised by now.

I guess what i want to understand is what could happen. will i have to take it down...will i have to apply in retrospect or if it has been up ten years can they make me do anythinv at all? Baring in mind i cannot prove when it went up because i am buying as a part exchange not direct from the owner who did the work.

I have mentioned this to the estate agent and he says the developer wouldnt have bought without the right paperwork but i dont want to risk progressing only for things to get complicated later on.

Help......please!

Richard_Webster

If it has been up for 10 years (and in most cases only 4 years) it is immune from enforcement under Planning Law. No need for any policies for that!

However you also need to consider Building Regulations where although in practice Councils very rarely do anything about work year ago, there is no formal immunity period - hence the need for indemnity policies mainly to satisfy mortgage lenders who think that enforcement action might be taken. It won't unless the Council in question wants to get in the tabloid press for wasting Council Tax payers money on silly things.

The major point about building regulations isn't enforcment but the question about whether the work was done proeprly, is safe and fie resistant etc? You need a surveyor to check that - indemnity policies don't cover that point.

WATTY1978

Thanks very much Richard. thats helpful.

Mayalabeille

Hi Watty

Are you buying with a mortgage? If this is a case there are chances that the lender will not want to agree on the mortgage before the paperwork is done.

We had the same case when we bought 18months ago, explain to the agent that unless that all the paperwork was in place, we would not and COULD not buy the property.

Took them a while to see that there was not other solution but for them to conduct the work and inspections so we could proceed with the purchase.

Hope that helps
Maya

Yorkie1

Don't believe anything the EA tells you ...

WATTY1978

Thank you. im hoping to get an appointment with the developer in the new year that way we can see the house again but also voice our concerns. if they want our money the like you say they will have to do the chasing and sort it out.

The alternative for them is they proceed to sell to someone else and find out the hard way. me, well i just find another house i guess.

Thanks everyone

Fuzzyness

in terms of the extensions, you or the current owner can apply to the council to apply for a certificate of lawfulness of existing use to establish that the extension was completed more than 10 years ago and as such would be immune from enforcement action. if the certificate is granted its akin to retrospective planning permission and should address the issue in full. you'll need a willing vendor to provide details of when the works were carried out. its not an expensive process or a long one but does require the cooperation of the vendor but its in thier interest to do so.

RLH33

In all liklihood the extensions would not have required planning permission, however even if they did need permission they would be unenforceable after four years (10 years does not apply to residential unless it is the breach of a condition). A certificate of lawful development showing four years evidence would be the belt and braces solution.

glocal

Mayalabeille, that's my experience with a missing Building Regs Completion Certificate: https://forums.moneysavingexpert.com/discussion/4354475

Good to hear the vendors decided to do the sensible thing. Hopefully, my vendors will do the same.

Slinky

celinadesuza wrote: »

Thanks for sharing I like your post It's really informative.

Unlike your post which is spam - see similar posts on other random threads.

securityman

Slinky wrote: »

Unlike your post which is spam - see similar posts on other random threads.

Where's the spam in it?