Sellers not be able to prove that garage conversion was exempt from planning regs

Rizla300

Hi all.

This is my first thread post and I'm an FTB. We are currently going through a purchase of a property which has had half of the garage converted into an office space. The office space is located at the end of the garden.

We have asked requested proof that the conversion was exempt from building and planning regulations. Both times we have asked the response from the vendors solicitors is that 'client has confirmed that garage was exempt from planning building regulations'. However there is no documentation provided.

I just want advice on what we should do. Should we insist on getting the vendor to provide proof from council now that it is was and is still exempt from planning and building regulations?

AdrianC

When was it converted?

What's your actual concern here? The quality of the work? Or the potential for legal issues?

Rizla300

Hi AdrianC,

The conversion was done in 2006. the quality of work is good it is about the potential legal issues. If built on 2006 does planning permission not apply due to the time lapse?

G_M

Rizla300 wrote: »

If built on 2006 does planning permission not apply due to the time lapse?

Correct.

You could also look at the planning portal for the rules:

http://www.planningportal.gov.uk/wps/portal/portalhome/unauthenticatedhome/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjtxBnJydDRwMLbzdLA09nSw_zsKBAIwN3U_1wkA6zeHMXS4gKd29TRwNPI0s3b2e_AGMDAwOIvAEO4Gig7-eRn5uqX5CdneboqKgIAGUwqho!/dl3/d3/L2dBISEvZ0FBIS9nQSEh/

AdrianC

Correct. Neither planning permission nor building regs would be an issue now.

BR - no enforcement notice after 12mo from completion, no prosecution after 2yrs from completion.
http://www.planningportal.gov.uk/permission/responsibilities/buildingregulations/failure

PP - no enforcement after 4yrs in this kind of situation - 10yrs at the very, very outside.
http://planningguidance.planningportal.gov.uk/blog/guidance/ensuring-effective-enforcement/planning-enforcement-overview/

The odds of the place being struck by lightning are higher than the LA suddenly taking an interest in the next year, and finding that it does come under that.

Doozergirl

Hang on!

This is an outbuilding. Outbuildings do not need conform to building regulations if under a certain size and would also fall under permitted development if within certain parameters. Considering it's converted from an existing garage, it would almost certainly be legal.

I can't see how you can demand paperwork for something that doesn't need paperwork.

This is the relevant page for outbuildings on the planning portal.
http://www.planningportal.gov.uk/permission/commonprojects/outbuildings

Rizla300

Hi Guys thanks. I also just came across this interactive house guide which says planning permission for garage conversions is not required if build providing work is internal and does not enlarge the building. It is on planningportal.gov.uk / permission / commonprojects / garageconversion Also conversion will be used as office space.

Doozergirl

It's not a garage conversion as such.

Note you haven't mentioned building regulations - a garage conversion normally would require building regs (as your link says) as the assumption is that it already attached to the house.

If the building is detached and does not contain sleeping accommodation, it is an outbuilding for planning purposes.

My link is the correct one.

Rizla300

Hi Doozergirl. Thanks for the correction. It does count as an outhouse because it is not attached to the main building. It does meet the outbuilding planning permission regulations. Thanks again. I know this os bread and butter for you guys but as an FTB i'm just making sure I'm doing due diligence. ;-)

davidmcn

Aren't your solicitor and/or surveyor offering you any advice about this?

Doozergirl

davidmcn wrote: »

Aren't your solicitor and/or surveyor offering you any advice about this?

You want a conveyancing solicitor to understand the requirements for planning and building control when that's what they ask for day in and day out? You'd think they would, but no. I find it particularly irritating as they often cause more trouble than is necessary by not understanding.

Surveyors always cover their backsides so the phrase will be there to ensure relevant paperwork is present, but no one advises what might be relevant.