Help! No conservatory planning/building permission & cannot get indemnity

Riggyman

3mph wrote: »

Conservatory do need bldg reg Cert mine did and buyers Solicitor asked for it and this was how I found I didn't have it.

3mph wrote: »

I live in Wales so maybe we have to have Bldg Reg certs but not Planning Permission on conservatories
The parameters quoted earlier in this thread applied to whether Planning permission is required for conservatories. Swansea Council stated clearly that conservatories need Bldg Regs Cert.

"Buildings exempt from building regulations
There are certain buildings that may be exempt from building regulations. These can include conservatories, porches, domestic garages, small detached buildings or replacement windows.

To be exempt your conservatory must satisfy the following criteria

Must be at ground floor level only.
Internal floor area must not exceed 30sq. metres
A conservatory has not less than three-quarters of the area of its roof and not less than half the area of its external walls made of translucent material.
Must not be used for any other purpose (e.g. Kitchen or living/sleeping accommodation).
Existing external entrance doors and/or windows must be retained.
Safety glazing must be used.
The heating system must be separate and not extended from the main house and have its own controls."

http://www.swansea.gov.uk/article/2264/Buildings-exempt-from-building-regulations

You Sir, are talking cobblers.

System

You pay experts for their advice and guidance for a house purchase, trying to get involved yourself when you don't understand or know what you are doing is not wise and makes the professionals job more difficult, it's better to understand that you don't know something than have a go at it thinking you know and making mistakes...

G_M

Good grief! Storm in a teacup or what? Is this thread still going?

WHEN WAS IT BUILT? More or less than 4 years ago?

NMCI

Not 100% sure on when it was built, this has not been confirmed!

stator

It might have needed building regulation sign off when it was built, but if it was a long time ago the council can not enforce anything so it's not worth worrying about.

Still, if you like the house, why not just buy it and demolish the dodgey conservatory, instead of worrying about whether it has building regs or not?

NMCI

Yes, that is an option, I guess that costs money, so would ideally want a bit of a discount off the price to account for that to be honest. Perhaps this is worth negotiating?

Doozergirl

Probably. It doesn't sound like it was ever intended to comply with building regs. Do you think they are charging for that extra space?

A proper side return extension in London will add some value to the property. Knock a wall out properly and create a nice big space.

NMCI

Yeah, I think they are charging for it to be honest, or rather it will cost more to do something about it!

That is exactly our longer term plan - to knock the wall down and extend...

Fuzzyness

NMCI wrote: »

Thanks for the replies, perhaps it was silly to contact the Council, but I was not aware that this may have effected anything. It is the vendors fault for not obtaining the permission in the first place and then not disclosing this in the first place..

Regardless, I am in this situation now and want to know the best course of action. The vendor is so eager to move quick and we are on good terms with them...

it is possible that the conservatory didnt need planning permission in the first place, hence why they didnt apply for it.

how long has it been there? if more than 10 years it will be immune from enforcement action.

if you are bothered, and if it has been there for more than 10 years i'd apply for a certificate of lawfullness of existing use, which would be the quickest and cheapest way to regularise it.

Okrib

Hmmm… Not sure why you contacted the council, especially if it’s a London council then all relevant documents relating to planning or building control should be accessible online. By doing so you’ve put the vendor in a difficult position.

Sometimes buyers want clarity and reassurance which just can’t be provided, and ultimately it sounds like it’s going to be something you’ll have to take a view on. There's clearly been no issue with it until now, and if there is an issue, it's because of your actions!

Based on what I have read, it sounds like it will either fall under permitted development, or be beyond the period where the council could take action. Therefore nothing to worry about from that point of view.

If you’re planning on extending in due course, then you’ll make sure that you get the necessary permissions (if needed) and buildings control sign off.

In the real world, where buildings have had work done to them in the past, it's extremely common to not have all the documents solicitors like to demand. Then it's time for common sense to kick in.

Your main issue might be the mortgage company demanding those documents / indemnity insurance which the vendor now can't get before authorising release of funds...