Planning Permission & Building Regs

lk92k

Hello everyone, I have a thread for the post office mortgage but now have a few side issues so thought I’d ask for advice etc. from anyone who may have experienced similar in the past. Other than having endless amounts of problems with the Bank of Ireland/Post Office it seems my situation has become even more of a pain.

Our solicitor has found that the porch extension on the property has not got any planning permission or building regulations. The porch is relatively small at 8ft by 5ft. In the draft contract the vendors said the porch was already there when their Mother bought the property (property is sale of a deceased) – I never thought anything of this. But now in the latest letter from the solicitors the vendors have said the porch was built in the 1980’s, but don’t have any supporting documents.

The solicitor has sent a letter to the vendor’s solicitor to ask whether they are willing to pay the indemnity insurance. However my real concern is can planning permission be obtained when we take ownership of the property? The same goes for a building regulations certificate? If we can get these does this mean the extension would then be legitimate and it wouldn’t come up in future searches if we chose to re sell? Does anyone have an idea of the costs to obtain these certificates? If it is a high cost should I be renegotiating the purchase price to factor in this? (IF we choose to go ahead of course)

Just to give a small background when we had the valuation done the property was undervalued at 3k. I asked the vendors to reduce the purchase price which they refused, but did agree to pay half towards the costs. The work needing to be done is the cavity wall ties and a damp proof course. Which in itself was frustrating to find out a few weeks ago. I do love this property and the plot is what mainly attracts me and my partner. The house is extremely old fashioned and needs a lot of work, and with this on top, plus now the porch extension issue is this all becoming a bit ridiculous?

suziqqq

Do you need planning permission for a porch ?, you may need fensa certs for the door. If the vendor gets indemnity insurance it will be invalid if you contact the building control dept at your local council

lk92k

I didn't think it needed it either suziqqq but apparently our solicitor said it does. Can i ask why the indemnity insurance would then become invalid?

eddddy

Indemnity insurance will cover you should the local authority serve a building regulation enforcement notice or planning enforcement notice on you, requiring you to demolish the porch.

For a porch that was built 30 years ago, the chances of those happening is zero. (Unless perhaps the porch is unsafe - but your surveyor would have identified that.)

However, mortgage lenders still seem to insist on indemnity insurance.

This is absolutely not a recommendation (because I don't know anything about the company), but these links give an overview of what indemnity insurance covers, and they seem to give online quotes to give you an idea of premiums:
http://www.gcs-title.co.uk/instant-issue/policies-at-a-glance/3/planning-permission/
http://www.gcs-title.co.uk/instant-issue/policies-at-a-glance/1/building-regulations/

pmlindyloo

Check this:

http://www.planningportal.gov.uk/permission/commonprojects/porch/

From what you have said it doesn't appear that the porch needs either planning permission or building regs.

Solicitors and mortgage lenders often do not understand planning permission nor building regs.

If after reading the link you believe that the porch requires neither then send the link to your solicitor/mortgage lender.

If this will delay the buying process or create a furore then just get some indemnity insurance. The vendor should pay but the price should't be a deal breaker if they refuse.

Your only concern is that it doesn't fall down - has it been checked out by your surveyor?

As already said even if it did require building regs/planning permission then no one is going to come after you after such a long time and if you sell just offer an indemnity insurance.

This really shouldn't be an issue so just go for the simplest option - the indemnity insurance. No need to contact the council at all.

lk92k

Thank you for the advice and links - very helpful

pmlindyloo wrote: »

Check this:

Your only concern is that it doesn't fall down - has it been checked out by your surveyor?

The surveyor made a comment to say the felt roof is fine but to be vigilant in the future

harrys_dad

lk92k wrote: »

The surveyor made a comment to say the felt roof is fine but to be vigilant in the future

Wow, so a felt roof doesn't last forever??? Clearly that surveyor was worth every penny.

Swinder

A friend of mine is in the same boat currently but with a utility extension instead. Fortunately one of her relations is a building inspector for a local authority and he advised to call it a store or veranda and just have the seller put up indemnity insurance.

Basically, indemnity will protect you from action that the local authority take against you (if they ever do). However you will still be liable for any remedial work that needs to be carried out.

Bluebonnie

If the porch has been there for four years or more, and you can demonstrate that, you can get a Certifiate of Lawfulness (CLEUD). This effectively gives you retrospective planning permission. Your solicitor should know this, and should know how to get vendors to obtain the CLEUD.

This is not the same as building regs compliance. Vendors can get Building Control round to do a retrospective sign off.

Why on earth didn't vendors think of this before?

Your solicitor should demand vendors obtain both as a condition of proceeding with the purchase.