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Loft Conversion with Building Reg's but can't find planning Permission
Comments
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I agree with most of the people above that it's likely it did not require planning permission.
That said, don't be surprised if a solicitor insists on some kind of indemnity policy because they are money for old rope.
Even if it was within permitted development, if it makes you feel reassured (or your buyers), you might still be able to apply for a certificate of lawful development.0 -
TheCyclingProgrammer wrote: »I agree with most of the people above that it's likely it did not require planning permission.
That said, don't be surprised if a solicitor insists on some kind of indemnity policy because they are money for old rope.
Even if it was within permitted development, if it makes you feel reassured (or your buyers), you might still be able to apply for a certificate of lawful development.
That is really helpful. Looking at the link above, it looks like it was permitted development. That's good news! Thank you for your help.
Sorry to ask another silly question, is the full plans approval notice the same as planning permission?
Thank you0 -
Planning permission might or might not have been required at the time, as the regs do change.
Irrespective of this buyers solitors are often a right pain in the behind, its correct that no enforcement can be taken after 4 years, but they seem incapable of comprehending this.
As you are at an early stage I would put in a Certificate of Lawful development application to your LPA. If you can provide evidence such as ariel photos that show the work is over 4 years old this should suffice for them to determine your deveopment as lawful. There is a fee for this, which I think is around £150-£200. Just to give the buyers solicitor something when they invariably ask for it.0 -
parking_question_chap wrote: »Planning permission might or might not have been required at the time, as the regs do change.
Irrespective of this buyers solitors are often a right pain in the behind, its correct that no enforcement can be taken after 4 years, but they seem incapable of comprehending this.
As you are at an early stage I would put in a Certificate of Lawful development application to your LPA. If you can provide evidence such as ariel photos that show the work is over 4 years old this should suffice for them to determine your deveopment as lawful. There is a fee for this, which I think is around £150-£200. Just to give the buyers solicitor something when they invariably ask for it.
Brilliant, thank you. I think I'm going to start of by arguing it was permitted development and hope they leave it at that, and if they argue more then just pay for the insurance. Sounds like it's going to be roughly the same as getting a planning approval notice.0 -
parking_question_chap wrote: »Planning permission might or might not have been required at the time, as the regs do change.
Irrespective of this buyers solitors are often a right pain in the behind, its correct that no enforcement can be taken after 4 years, but they seem incapable of comprehending this.
As you are at an early stage I would put in a Certificate of Lawful development application to your LPA. If you can provide evidence such as ariel photos that show the work is over 4 years old this should suffice for them to determine your deveopment as lawful. There is a fee for this, which I think is around £150-£200. Just to give the buyers solicitor something when they invariably ask for it.
A certificate of lawful development would be granted as given, if it's permitted development.
It has nothing to do with 4 year rules because it's always been lawful. You are confusing the issues and making it more complicated.
Send the goddam solicitor a copy of my link and a firmly worded email telling them that it is PD and no one needs to produce planning paperwork of any kind or indemnities. It has to work because it is lawful development.
Solicitors don't get to dictate that which is not and never has been required. We are all allowed to develop and extend our houses without PP, within clear guidelines, as a given right, unless expressly stated otherwise.
It's people pandering to stupid solicitors/cheap conveyancing factories that allows this rubbish to perpetuate.
Rant over!Everything that is supposed to be in heaven is already here on earth.
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Doozergirl wrote: »A certificate of lawful development would be granted as given, if it's permitted development.
It has nothing to do with 4 year rules because it's always been lawful. You are confusing the issues and making it more complicated.
Send the goddam solicitor a copy of my link and a firmly worded email telling them that it is PD and no one needs to produce planning paperwork of any kind or indemnities. It has to work because it is lawful development.
Solicitors don't get to dictate that which is not and never has been required. We are all allowed to develop and extend our houses without PP, within clear guidelines, as a given right, unless expressly stated otherwise.
It's people pandering to stupid solicitors/cheap conveyancing factories that allows this rubbish to perpetuate.
Rant over!
That is really helpful. Thank you very much.
How would I get a lawful development certificate? Do I need to provide documents? Or just pictures that the loft conversion was there more than 4 years ago? How long would it take to get one would you expect?0 -
That is really helpful. Thank you very much.
How would I get a lawful development certificate? Do I need to provide documents? Or just pictures that the loft conversion was there more than 4 years ago? How long would it take to get one would you expect?
It has nothing to do with being there for four years. If it's under permitted development, you could have done it yesterday and you'd still get a certificate.
The cert will cost you something and take weeks to arrive but what I am saying is that It is not compulsory at all. This is a money saving website and you should be able to tell the solicitor that it was carried out under PD Rights without any certificate and without any come back
A certificate is a last resort and only if the solicitor is completely stupid. I have never had to provide one, nor has my solicitor ever demanded one.Everything that is supposed to be in heaven is already here on earth.
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Doozergirl wrote: »It has nothing to do with being there for four years. If it's under permitted development, you could have done it yesterday and you'd still get a certificate.
The cert will cost you something but what I am saying is that you do not need it. It is not compulsory at all. This is a money saving website and you should be able to tell the solicitor that it was carried out under PD Rights without any come back.
A certificate is a last resort and only if the solicitor is completely stupid.
LPAs do not issue certificates for PD work as a matter of course.
You need to apply for a CLE and pay the fee. You might be able to persuede them to send you an email confirming its PD, but I doubt they will.
Good luck getting a legal professional to accept word of mouth.0 -
parking_question_chap wrote: »Good luck getting a legal professional to accept word of mouth.
I've bought and sold 40 times and have a decent solicitor.
People don't need luck, they need to sometimes tell solicitors as it is. Sometimes solicitors are wrong!
Solicitors have no training in the ins and outs of planning an building regs, they simply try and tick the boxes.
How many times have I seen solicitors asking for building regs on conservatories on here? They have to accept word of mouth because no paperwork will ever be forthcoming because it isn't required.
This is the same. Paperwork is not required for work carried out under PD. Whilst a cert might be available, it's for peace of mind, it isn't a matter that the build isn't lawful without it. It is.Everything that is supposed to be in heaven is already here on earth.
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Doozergirl wrote: »I've bought and sold 40 times and have a decent solicitor.
People don't need luck, they need to sometimes tell solicitors as it is. Sometimes solicitors are wrong!
Solicitors have no training in the ins and outs of planning an building regs, they simply try and tick the boxes.
How many times have I seen solicitors asking for building regs on conservatories on here? They have to accept word of mouth because no paperwork will ever be forthcoming because it isn't required.
This is the same. Paperwork is not required for work carried out under PD. Whilst a cert might be available, it's for peace of mind, it isn't a matter that the build isn't lawful without it. It is.
Brilliant, I will tell them it's PD and leave it at that then. Hopefully they won't ask just take the stuff and go with it.0
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