Help, is my conservatory leagal

dickdasdedly

In 2003 we had built what was intended to be a conservatory. At the time the builder we used said that if we classed it as a conservatory we wouldn’t need planning permission. It was built on the back of the house and covers an area of 20 sq yards. The right hand boundary wall is a solid wall and the rear and left hand walls are 3ft high and then all glass with the rear having French doors. So basically it’s only glazed on two sides. We decided to have a solid roof rather than glass as the rear is north facing and doesn’t get any sun so the roof was made out of a special light weight plastic tile. The roof has a ceiling and is insulated as is the walls. We had central heating and electrics put in at time of build but never separated it from the house with patio doors as we intended to do. We have always used it as a dining room. At the time we had quite allot of work done by this builder ie new roof double glassing rewiring ect ect and his workman ship was excellent and we have never had any problems with him or any of his work. But I’m beginning to wonder if the conservatory should have had planning permission after seeing some of these builders from hell programs and it’s worrying me quite a bit. I can’t even go back to the builder and double check with him as the guy committed suicide about 5 yrs ago. So is there anyone out there in moneysaving land that can shed any light or advise me on my problem. I would hate to think we would have to take it down as it’s not on the house plans or had planning permission as I may now have to sell the property
Thanks for taking the time to read this and any advice given
Dickdasdedly

Better_Days

Conservatories may need PP, at least ours did when we had it put up in 2001. The criteria had to do with how many square metres the conservatory covered in relation to the size of the house. I would add that you will need to check exactly what the criteria is for a conservatory, and whether the structure is classified as a conservatory or an extension.

You also need to check the buildings regs position, especially with the installation of heating. Is the heating off the main household system or is the conservatory heating independent of the rest of the house?

You need to check the planning portal http://www.planningportal.gov.uk/wps/portal/portalhome/unauthenticatedhome/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjtxBnJydDRwMLbzdLA09nSw_zsKBAIwN3U_1wkA6zeHMXS4gKd29TRwNPI0s3b2e_AGMDAwOIvAEO4Gig7-eRn5uqX5CdneboqKgIAGUwqho!/dl3/d3/L2dBISEvZ0FBIS9nQSEh/
for more information, and your local authority website will have some more information too.

There will also be information about applying for retrospective PP, and checking the building regs position. When you come to sell the buyers solicitor will ask for the relevant paperwork. In the absence of the relevant paperwork indemnity insurance can be purchased, but I think this is only the case if the LA have not been notified of the absence of PP.

Richard_Webster

There should be a sticky about he difference between Planning and Building Regulations because we are forever getting people asking about Planning when the real issue is Building Regulations!

If the work was doen more than 4 yeers ago and either:

• the house was oirginally built prior to 1 July 1948 or
• it was built after that and there was no express planning condition taking away the "permitted development" rights (which is usually the case (particularly for aanything built before the 1980s)

then the extension is immune from planning enforcement.

In any other case it is only immune once it is 10 years old. Even then the Council would have to have a very strong argument to make it worth their while taking enforcment action after 9 years as you could appeal on the grounds that planning permission ought to be granted.

So relaly the Planniing point isn't a live issue and can be ignored for all practical puposes.

The real issue is Building Regulations as the work would not haev bene exempt from them. Although there is no formal time limit for action in practice Councils don't do anythig after 2 years as the remedy they are left with - seeking an injunction in the civil courts is too much of a wind up and would attract adverse publicity for them.

When you coem to sell you can offer a Building Regualtion Indmenity Policy to keep your buyers and theri mortgage lenders happy when you sell, but such apolicy only protects agianst enbforcment action which is not going to happen.

The real issue is whether there is some serious defect in the workmanship which might be found by a buyer's surveyor. However regardles sof complianc eor otherwise with the Regulations this si no different inprinciple from some defect being found in an older house, which has nohing to do with the regulations.

Mrs_Arcanum

Do you have a secure door between the house and the conservatory? Without this it could be classed as an extension. However IIRC the Permitted development used to be up to 10% of the original building size.

Definitely check the planning portal for advice.

mike_the_bike_2

My understanding as explained to me in a previous thread is a structure has to have a translucent roof (light can get through it) in order for it to be defined as a conservatory..so e.g the roof has to be made of glass or polycarbonate type materials

dickdasdedly

Hi
Thanks every one for your reply's
dickdasdedly