Buying a house without planning permission

robbiebrown34

Hi All

My wife and I are first time buyers and we've found a house that we both like. But we've found a problem when viewing it.
Basically they have a conservatory which does have planning permission, however they've extended one side of it into the garage which doesn't yet have planning permission. They've sent in for planning permission but as yet have not heard anything back.

They've told us that if we put a decent offer in they will return the garage back to how it was, but have said they are happy to sell it as-is too.

I'm a little worried about it either way to be honest. Obviously we will be getting a mortgage on the property so what exactly would happen if we bought it as-is? On another note I actually like the extension and am worried that putting it back to how it was will really affect the look of the property as the outside wall will need to be rebuilt too not to mention it will likely affect the price of resale also?!

I guess I am just after some advice on what's best to do as I've never been in this position before. They've put the house on and specified "offers in excess of" - so I aren't even sure what to offer.

Hopefully someone can help me decide the best thing to do.

Thanks

Rob

Doozergirl

Conservatories are often exempt from needing formal planning permission and even building control.

It's interesting that they have planning permission for part. Is this in a conservation area or listed, for example!

robbiebrown34

Its difficult to explain - I'm going to view the property again tonight so hopefully I'll have a clearer picture of what's required.

So basically they have a conservatory right across the rear of the property, on one side of the house it is an open kitchen but it then extends over the back of the "garage" and they've moved the outside wall in, around half way down the Garage so that it becomes another room and the actual Garage is only half its original length.

Now according to the agent, planning permission is required because they've moved an outside wall and replaced it further in the property (or just because they've converted the Garage?)

I'm in total confusion here - For me I'd be happy for the house to stay as-is and just go ahead with it, but I'm worried that everything will fall through once the solicitors can see there isn't planning permission? Plus I've also been told it will likely affect the property resale value too.

hcb42

Personally I would ask the vendors to sort it out properly..

stator

Since there's a mortgage involved you'll have to get it sorted. Best wait for planning permission to come through and if it doesn't pull out of the purchase.

Doozergirl

The agent knows nothing. Did he actually say 'planning permission'?

Is there a floorplan?

If there is no change outside and the house has not had its permitted development rights removed (for whatever reason), then the partial garage conversion may need to comply with building regulations.

Planning permission normally pertains to making the house !!!!!!, not converting within it. Even a lot of extensions don't need permission. Conservatories are usually considered as 'outbuildings'

If there is no separating door between the main house and 'conservatory' then it should also comply with building regulations as it would be considered an extension, not an outbuilding.

The property details would really help me. I'm just imagining, really and therefore not giving more specific advice.

Hoploz

Good answer Doozergirl

I was thinking the EA is probably confused between planning and building regs.

Do you know how long go the work was done? If a while ago then an indemnity policy could be bought to cover the legals and satisfy the lender. But this doesn't mean it is built to current regs, you have to satisfy yourself it is done to a good enough standard.

davidmcn

Hoploz wrote: »

an indemnity policy could be bought to cover the legals

Not if the council have already been tipped off by an application being made to regularise it.

Hoploz

davidmcn wrote: »

Not if the council have already been tipped off by an application being made to regularise it.

Yes that's right, if the seller contacts the council that would mean the indemnity is no longer an option.

robbiebrown34

Wow thanks so much for all the responses, I really appreciate it.

I went to view the property again tonight and focused on discussing the conversion situation. It's really difficult to explain on here and also the estate agent left the conversion out of the floor plans as its under dispute (awaiting planning permission).

So, they have a 'normal' conservatory which has doors to enter it from the kitchen, that one is all fine and no issues.

They then have another door which goes out of the kitchen and what would take you into the garage. Instead they've converted it into a room and to the right is a wall they've installed with a door separating it from the other half of the actual garage space. Then to the left they have removed the actual wall of the house and replaced it with an open conservatory which adds about 2 metres onto the length of the house/original garage so that its a full size room with entry to the rear garden. Hopefully that explains it a little?

So what the estate agent is saying is that the owner is willing to remove the small conservatory and then put the wall back as original, but leave the separator to the garage so it remains half garage half room.

I aren't sure how I need to approach it because they want offers over £300k for the house but I'm worried about the whole situation and how to deal with it. They say that they should hear back within a couple of weeks but tonight they mentioned (I think by mistake) that the previous permission was denied. I like the room as-is and it would be ideal if the room remained, but I don't want to end up being prosecuted or the whole mortgage fall through because of it all.

I hope I've explained it a little better now, thanks again for all your help

Doozergirl

You won't be prosecuted!! They don't have resources for stuff like this. If an indemnity policy is purchased, the mortgage will be fine as well. You need to be satisfied that structural elements are safe.

This is building regulations, probably not planning (no info to go on from you here - age of house? Conservation area?) I still can't get my head quite around it, but the only structural element sounds like the back wall. It should have had sign off by building control. On top of that, to convert a garage, there should be additional insulation as well as a 10cm drop from the room floor to that of the garage - also a fire door between.

The conservatory which is open to the back room becomes an extension and should meet additional thermal requirements.

This isn't particularly expensive building work. The key point is that the correct structural support is in place for the knock through the back wall.