Extension without planning permission

sulphate

Our solicitors aren't particularly helpful on this one, had offer accepted on house 7 weeks ago, everything has come back more or less in order now apart from issue regarding single storey extension the sellers have added within the last year.

The sellers' solicitors said that planning permission wasn't required, currently waiting for a response as to why but presume it comes under permitted development (supposedly). However this only covers extensions for 3m depth, not sure how "strict" that is but the extension is approx 3.28m, how much does that matter?

The local search came back with that they'd applied for building reg approval last year but there was "no decision available" and there's no completion certificate.!?

If they should have got planning permission but didn't, what next? (Other than walking away..)

Any advice would be appreciated, thanks

hcb42

you would need to get them to apply for it retrospectively if it is required, I think.

No planning permission and no building regs approval, have you spoken to the sellers?

maghater

You usually find that the planning officer at the local authority are quite helpful, we were in a similar position a few years ago, sadly the home owner had died so all the "papers" weren't readily available, a porch had been added without permission. Planning officer said that as other properties in the area had had them done it shouldn't be a problem to get the retrospective planning permission, but to mention to the sellers that any offer was subject to this permission being granted. Got gazumped on the sale anyhow.

Yorkie1

It is never recommended that a buyer contacts the council.

This will put a permanent block on the sellers being able to offer an indemnity policy as an alternative.

sulphate

Thanks for your replies, I won't contact the council then, will wait to hear from solicitor.

I don't understand re the building regs, they've obviously applied for it but can't see where I can find out the decision. Solicitor didn't mention that on phone but will ask next week.

Haven't spoken to the sellers since we last saw the house. We knew about the extension but it never occurred to me to ask if they got the permissions, just assumed it would have been done above board...

What does the indemnity insurance cover, would that prevent the council asking us to take the extension down?

Yorkie1

Indemnity insurance doesn't prevent the council asking you to take it down, but it covers you against the cost of any enforcement action.

martindow

Yorkie1 wrote: »

Indemnity insurance doesn't prevent the council asking you to take it down, but it covers you against the cost of any enforcement action.

And it also won't cover you if the extension turns out to have serious faults or is structurally unsound.

Yorkie1

martindow wrote: »

And it also won't cover you if the extension turns out to have serious faults or is structurally unsound.

Indeed. Thought I'd written this in an earlier post in the thread, but clearly not - getting my threads confused!

jbainbridge

How old is the extension? I think of it is more than 4 years old there is little the council can do (unless it is unsafe).

Did your surveyor comment on the extension? Perhaps ring them and ask them what they thought of it.

Dan-Dan

jbainbridge wrote: »

How old is the extension? I think of it is more than 4 years old there is little the council can do (unless it is unsafe).

Did your surveyor comment on the extension? Perhaps ring them and ask them what they thought of it.

The op said it was added in the last year. ..


Personally I would wonder why it hadn't obtained the relevant signing off ...could have all sorts wrong with it

sulphate

Yes added within the last year so not sure if indemnity insurance would be appropriate yet? we wouldn't have offered on the house had it not had the work done as it is a huge improvement, so not keen on possibility of moving in to have council ask us to remove it (although realise this is unlikely to happen) even if the insurance does cover that.

The surveyors report merely asked us/our solicitors to check the relevant permissions were obtained for extension and to refer back to him if not, so will call him next week depending on what solicitors come back with.

And yes don't understand the building regs not being signed off..