No planning permission for conservatory implications?

Richard_Webster

In most cases once any building work has stood for 4 years it becomes immune from any planning enforcement so the planning issue is academic.

The only exception is that if the "permitted development rights" were taken away by express planning condition in the permission that authorised the construction of the original house then building the conservatory would be a breach of condition which does not become immune until 10 years have elapsed.

Such conditions are increasingly imposed in modern estate development, particularly where there are high densities involved, but were very uncommon before the 1980s. If the house was built before 1948 then it would not have needed planning permission under the present legal set up and the limit must be 4 years.

Although most conservatories are exempt form compliance with the building regulations there are other factors, such as the presence of plumbing or the heating system not being acpablwe of separate control from that of the house, that can remove that exemption.

Fuzzyness

as the poster above has said it would be immune from enforcement action after 4 years but the only way to stop enforcement action from ever being instigated would be to apply for a certifcate of lawfulness of existing development. if you can demonstrate that its been built for more than 4 years the Council should grant you the certificate.

holly_hobby

Would it be worth demanding the Vendor effect indemnity ins as part of the agreed basis of sale and pch ? (or if they refuse the OP effect themselves ?)

H