Missing Planning Permission documents and Building Regs

Ank_2

Hi,

I am planning to buy a house with the following:

1. Has a rear extension done in 1960's as per local search but the owner doesn't have the planning permission papers. The local search shows - approved.
>> Is it fine to go ahead without the planning papers to verify approval and on ground construction that may have been executed during 1960s or later. There is no evidence that the construction was done in 1960s except the fact that the planning permission shows extension- approved with conditions.

2. The house has chimney breast removed and an internal wall removed with no paper showing the same- no approvals.
>>Please suggest if this is fine.

3. The house has a garage built which is not shown on the HM Land registry.
>>Should this be a problem? As per the current owners, they haven't built it and they have owned the property for nearly 8 years.

4. The internal layout of the house i.e. location of kitchen, bathroom and utility room not in the same place as per one of the plans that was approved in the interim in 2004. The plan was not executed.
>>Is this a problem if the internal layout is different and there is no means to ascertain as to what was the original layout.

Any suggestions here would be extremely helpful.

Thanks in anticipation.

Ank

pmlindyloo

It is extremely difficult to answer some of your queries without knowing the dates these alterations took place as planning permissions and building regulations have changed over the years.

So, I would first like to suggest that you have a thorough read of this website: http://www.planningportal.gov.uk/wps/portal/portalhome/unauthenticatedhome/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjtxBnJydDRwMLbzdLA09nSw_zsKBAIwN3U_1wkA6zeHMXS4gKd29TRwNPI0s3b2e_AGMDAwOIvAEO4Gig7-eRn5uqX5CdneboqKgIAGUwqho!/dl3/d3/L2dBISEvZ0FBIS9nQSEh/

You will need to be guided by your solicitor who is handing the sale. He/she should be raising theses issues with the vendors.

Also if you are requiring a mortgage it is likely that your mortgage lender will insist on planning permission/building regs certificates. If these cannot be produced then they may ask for an indemnity insurance policy which will cover you for the unlikely scenario of the council taking action. It does not cover you for the cost of any remedial work though.

After you have done your 'homework', spoken to your solicitor and hear from your lender then, in view of the many possible 'problems', you must ensure that the property is safe so will need (I respectfully suggest) a full structural survey.

Warning:

Do not talk to the local council about this particular property. If you do, it then makes any indemnity insurance invalid. You can make general enquiries if you wish.

Your solicitor should be doing all these checks - that is what you pay him/her for! However, being 'armed' with your own information is not a bad thing.

Good luck with it all.

Ank_2

The whole problem is the dates.

The current owner suggests that nothing has been done in his tenure- 2004- till date but there is no concrete evidence to substantiate it.

Indemnity insurance can only cover the costs but I am going to be deprived of the utility.

The 2 possible scenarios:
1. Work done in 1960- is it fine to not have the planning docs? Search says- Approved with condition.

2. Internal work done post 2004- is it ok to not have the building regs?

If anyone can answer with specific case in mind, it would be appreciated. There are many generic responses here but specifics will help.

Thanks
Ank

lincroft1710

One of the reasons for Building Regs and subsequent inspections to check the works done adhere to the BR is to ensure the property is not unsafe following those works.

All the internal works, especially removal of internal walls and chimney breast need to have been carried so that any upper floors and/or walls are properly supported. Moving rooms around which would mean new electrics, water and drainage connections need BR for these aspects.

Yorkie1

Given we can't see the property, and there is no detail (for understandable reasons) about the changes, your request for precise advice may not be answered.

As Lincroft says, I'd be very concerned about the structural safety of a chimney breast which has been removed without any paperwork showing they did it to the regulations in force at the time.

sylar

My partner and I are FTBs and have just been in a very similar situation regarding a property we were looking to purchase. It transpired that a two storey rear extension did not have any apparent building regulations, along with an internal wall which had been removed between the kitchen and utility room and a bay window which had been adjusted. The seller's solicitor offered us indemnity insurance but our solicitor advised us not to proceed with the purchase considering our Homebuyer's Report had already highlighted potential issues with regard to the construction of the roof of the extension (plus a couple of other things, though unrelated to the BR/planning issues). I'd tread carefully, our concern was as much about selling on as any potential planning/BR issues which may arise and we didn't get any clear/reassuring answers to questions about the plausibility of obtaining the retrospective permissions.