Is an extension a 'structural alteration' or a 'building'?

rosie383

Spoke to someone at long last in planning who said it's not their department (of course) but that where we live it would be very unusual to have a problem if we built an extension. I was unable to speak to anyone who would give an answer as to whether an extension is considered to be a structural alteration or a building. If it's consideeed to be the former then we have no problem. If the latter, then that's where we may have a problem. Unfortunately we have run out of time to get answers. The people responsible for lifting or release from covenants was equally non commital. Her final email said that we could ask them about it when he had applied for and been granted planning permission, but we don't need it for what we want to do.
And we can't apply for planning permission on a property which we dont actually own yet.

Joanthebone

When viewing, did you look around when in the back garden to see if any of the neighbours had extensions? If they have then you should not have a problem, as they will have set a precedent.


Also, I do believe, correct me someone! if I am wrong!, yes you can apply for planning permission before you buy.

Davesnave

rosie383 wrote: »

And we can't apply for planning permission on a property which we dont actually own yet.

Time may be a factor, but yes you can.

Anyone can apply for outline planning permission regardless of whether they own the building/plot or not.

The council will make a determination on the proposal without regard to ownership.

rosie383

Thanks. Yes they told we could apply initially to see if they're likely to grant permission. But that takes 42 days here which we don't have.
And yes joanthebone, there are other houses with extensions so we can't see that that would be a problem. When we brought it to the attention of the estate agent she says that the house is crying out for an extension. And also that she had never come across this problem in 30 years being an EA in that area.
But as I have also said, we are planning an extension which falls within their guidelines for not needing permission at all.

rosie383

An update for future reference for anyone with a similar problem. Having eventually managed to speak to our solicitor, he has said for definite that an extension is a building. And according to the covenant, we can't do it unless the council agree to vary the deeds. In his experience, with some councils it is a very easy process and with little cost. Other councils refuse outright or it can be a very long drawn out process costing a lot of money. So we have just informed the vendor's solicitors that we are withdrawing from the sale with great reluctance. The house is not worth buying if we can't do the work we want to.
Now we are in the unenviable position of being probably a couple of weeks away from exchange, buyers desperate to move into our home, and we have no home to go to.