Help..holding up exchange...planning consent for conservatory???

brock-cruse

Hi
Well need some advice so that when it comes to talking to my sol this afternoon i know what i am talking about!
Background...buying repo house that has a conservatory 12 feet by 8 feet 9". My sol has asked vendors sol for planning consents. Vendors sol (acting for bank) said there is nothing and that we either accept it, try to apply for it ourselves or we have to pay out for indemnity insurance. So been on local gov website and there is nothing for the conservatory (is for the 2 storey extension thank goodness!).
Anyway i thought you did not need planning permission...is conservatory too big and needed it? Plus I am guessing thatit is over 4 yrs old so what does it matter anyway. Planning to live here for donkeys years so would it be worth it to fork out for insurance?
Want all this sorted asap as my buyer has signed this morning and i want to ideally sign and exchange this week...is this feasible? Got agent checking if buyer has got deposit etc so fingers crossed.
Any advice/info appreciated!

Doozergirl

If it's over four years old there is no issue as they can't make you get planning permission, nor can they ask you to remove it. Indemnity insurance is entirely pointless.

I'd tell your solicitor to go ahead and exchange without consents.

brock-cruse

Thanks Doozergirl...thought that was the case! So he's got no excuses now!!

brock-cruse

ooops just remembered that it is a conservation area so does this make a difference?

cattie

Having lived in a conservation area I know you do have to have permission for any alterations or additions to a property, including the style of any replacement windows.

So with this in mind perhaps you should consider the indemnity insurance? Or perhaps phone the council & ask if somebody were considering adding a conservatory what the process should be. At least then you'd know for sure whether permission should have been sought in the first place.

Doozergirl

I think it's 7 years in a conservation area so there is still no point in indemnity insurance. By the time you come to sell then it will be really old and it will be less important. If you can get a vendor to buy indemnity then I think people should probably let them for an easy life when they sell, but as you're buying repo, you have no chance.

Because it's been there for so long, I think you can apply for a certificate of lawful development from the council; see how much it costs and perhaps don't mention details until you've established it is old enough to be left alone. It's still only going to be a small issue when you sell, if at all.

I wouldn't worry about it now. Just don't let any council officials into the house, LOL!

brock-cruse

Hi and thanks to you all. Well really looked into the conservation area bit...got into the local gov website and in actual fact our new house is not in the conservation area of the village! (sorry thought the whole village was).
So why oh why did my sol ask the banks sol for planning consents? Not sure why really. Any ideas????

Richard_Webster

We're talking of PLANNING - not BUILDING REGS here? (Just checking because the rules are different.)

If there is a permission for an existing extension that extension might have used up the "permitted development" allowance in terms of size and so the conservatory could have take it over the limit for that purpose. However subject to the point I make below, if it is more than 4 years old, it is too late.

The point that can be relevant sometimes is that where there is a planning condition which takes away the usual tolerances etc that are generally allowed then breach of such a condition occurs when more building work is carried out without express planning consent and you have to wait 10 years for that to become immune!

It is possible therefore that it is the old permissions that your solicitor wants to look at to find out whether or not the "permitted development" tolerances were taken away by condition. In any event you can ask your solicitor to explain precisely why he thinks he needs the permission, particularly if the conservatory is more than 4 years old.

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients

Doozergirl

They like to look like they're earning your money.

I'm surprised at how many sols don't seem to understand planning. The house itself probably doesn't even have planning consent!

brock-cruse

Thanks to you both again...just spoken to sol...he does confuse me! Have told him there will be no paperwork...its anyones guess how old the conservatory is as we have no history of house as its a repo. But planning and building regs all obtained for the 2 storey extension. The extension was done about 1998. He agrees with the 4 years for the planning permission but when i said it was 1 year for building regs he said it depended on the authority.
Richard what would be the planning condition which takes away the usual tolerances etc? Ill have to find out what these tolerances are.Where do we find out about the old permisions?
Sorry i am just getting a bit confused! Sol says that this maybe an issue when we come to sell. Surely we can sort that out if we ever do!! Plus this house was sold only 2 years ago so why was nothing done then? Have the rules changed since then>????

Richard_Webster

Was the original house built before 1948? If not roughly when? How big is the conservatory? Is the house a terrace or a semi or detached? Does the conservatory look as if it was built before the 1998 extension?