Lack of Building Regulations and Planning Permission

doberman100

So hang on....

Let's say I'm prepared to cut my losses and find another property if the vendor won't get retrospective consent from the local authority.

What happens if the local authority find out there is no planning permission?

My solicitor has said that an indemnity policy will no longer be valid. But if I'm cutting my losses why do I care? I want the vendor to get consent or get the place in shape to sell.

There's no law against calling the council myself is there? Especially if I'm prepared to walk away from the deal.

tim123456789

doberman100 wrote: »

A succinct answer, but yes, I guess that could happen. Therefore their strategy would be to refuse, and try to sell again whilst not disclosing the issue for as long as possible so as to force a buyer into taking out indemnity insurance, but still leaving them open to losing thousands in the future.

Or they wait another year until the council can no longer demand that the knock it down.

teneighty

I think all this talk of indemnity policies is missing the point.

Every builder and most homeowners know you need building regs and possibly planning for an extension.

If they have built the extension without building regs and planning (unless they can show is was exempt) they either had a very stupid/cowboy builder or they were trying to get away without complying with the regulations. Either way I would assume that the extension does not comply and is potentially dangerous. It has therefore de-valued the property and would proceed accordingly.

planning_officer

This becomes lawful after four years (not ten). The OP therefore has nothing to worry about. If the extension ever needed planning permission, it is well beyond the date whereby the Council could take any action (and that's assuming they wanted to take action, which they wouldn't if it is not causing any harm).

For info - the 'four year rule' applies for operational development (i.e. building works), assuming the use is lawful (e.g. a residential extension on residential land). The 'ten year rule' applies for changes of use (except the change of use of a building to a dwelling, which is covered by the four year rule).

WATTY1978

I am just in the process of making a bid on a property with the same issues but i am being cautious at this stage because i dont want to pull out later to cause problems with my chain as well as incurring solicitors fees.

The seller in my case is a developer and all they keep saying is that they wouldnt hae bought without the correct permissions however on checking i cannot find any record of pp or br.

i now face the dilemma of taking a chance and like you finding out the worst later on. im trying to get more assurrance beford i make a formal offer. can anyone advise what to do in my case please?

I understand the extension is over four years but its unlikely they have any proof now the original seller has moved on.

thanks and good luck op

Furts

Teneighty you are spot on!

Could I add with respect to planning officer this is the lesser concern. Building Regulations exist for health, safety,access, fire, energy efficiency...these are all vitally important functions that are a legal requirement and expected of us all.

Any work with no Regs screams Jerry built and cowboys . I would not touch with a bargepole - the ongoing maintenace and insurance issues are frightening. This extension may have the potential to kill you.

My advice is avoid like the plague (even if you get retrospective Regs what can be inspected when everything is finished? Answer - virtually nothing)

societys_child

Furts wrote: »

Any work with no Regs screams Jerry built and cowboys . I would not touch with a bargepole - the ongoing [STRIKE]maintenace[/STRIKE] maintenance and insurance issues are frightening. This extension may have the potential to kill you.

Oh dear . . . I love some of the over-the-top rubbish posted on this site. :rotfl:

molerat

And of course every building that has planning approval and a building regs certificate is perfect

Furts

Societys child please consider I have experience of collapsing walls. dodgy build etc. plus both serious and fatal accidents on construction sites. Are the following few examples really over the top?

If the roof tiles blew off this extension in a high wind and crashed into your head would you be happy?

If carbon monoxide from the boiler gassed you would you be happy?

If you were trapped by a fire inside the extension and there was no means of escape would you be happy?

If the foul sewer was coming back up your toilet.....

These and many other reasons are why we have Building Regulations. They are the law and they are necessary.

societys_child

both serious and fatal accidents on construction sites

That sounds more like H&S problems.

So you're saying all those things will happen because there are no regs . . .
seen some dreadful buildings that did have PP and Br in place.