Decking

Tax_Slave

We have some decking at rear of house.
It is 3 feet high to match height of patio doors and approx. 10 feet by 6 feet in area. We had it built 12 years ago. A local builder charged £430 and did it in a day.
Now it seems as we process sale of house we needed planning permission for the decking. All news to me. But hey ho.
So I said to our solicitor I can rip it down and burn it or apply for planning permission. He said as it was built over 10 years ago don't worry about it , however we no longer have the builders invoice to prove it. Also solicitor mentioned something about insurance to cover it ?
My guess is our buyers will flatten it anyway

What is this insurance he mentioned and is it very expensive ?

eddddy

Out of interest - who raised the issue of planning consent for the decking?

Anyway, if your buyer needs a mortgage, their lender might insist on indemnity insurance for lack of planning consent.

I suspect it would cost about £100. It's down to negotiation who pays the £100 - the buyer or seller.

Mr.Generous

3 ft high to match patio door? Does the land fall away so deck is on stilts? Hard to imagine why it would need PP, never heard of it before. Dozergirl will be able to advise better than me but it sounds like usual solicitor bull****, they kept asking us to indemnify rear access at a house last year until in the end we just said re advertise and forget the sale, then suddenly it wasn't required.

ashp_2

Yes as it's above 30cm in height it requires planning permission (This applies to any decking!!!)

Not sure on the insurance, I wouldn't of thought building insurance would cover it.

Mr.Generous

It will be indemnity insurance, insuring against the risk of enforcement action, you pay the premium to protect the buyer. All the stuff about "Permitted development" who would have thought you needed permission for a bit of decking.

ashp_2

Mr.Generous wrote: »

It will be indemnity insurance, insuring against the risk of enforcement action, you pay the premium to protect the buyer. All the stuff about "Permitted development" who would have thought you needed permission for a bit of decking.

Crazy isn't it!! Building regs also apply.

Tax_Slave

Its inquiry from the buyers solicitor and picked up during survey I would imagine.
Yes the house has steps at back , now under decking , as house slopes away at back.
All a bit crazy ....planning for wooden decking.
Tempted to say to buyers options are ;
Live with it,
I will smash it down and dump it
Or I will apply for restrospective planning consent and remarket house in summer.
Then again £100 for insurance isn't the end of the world.
I thought it would cost hundreds

Miss_Samantha

It takes 2 minutes with Google to learn that decking is permitted development if it is no more than 30cm above ground and does not cover more than 50% of the garden area.

https://www.planningportal.co.uk/info/200130/common_projects/11/decking

If yours is 3ft high, then...

Tax_Slave

Doesn't cover more than 50% of garden area.
Must admit it never crossed my mind 12 years ago.
Bit like me not Googling I need a passport to travel to Cornwall :-)
But as they say "ignorance of law is no excuse ".
Mainly interested in the insurance that the solicitor mentioned.
We are relaxed by whole sale process and if buyer wants to chuck away what they call dream home purchase and several hundred quid and lose their buyer (been waiting for our buyer to find a property for three months)over a bit of decking , then that's ok with me.
I will knock down decking , make garden good with new steps and remarket house in summer and add 10k to price .
In fact thinking about it, houses where we live of our type are rare coming to market aka why we had 6 viewings and sold in 4 days.

Ithaca

ashp wrote: »

Yes as it's above 30cm in height it requires planning permission (This applies to any decking!!!)

Not sure on the insurance, I wouldn't of thought building insurance would cover it.

Not just decking... those wooden climbing frames with the little raised house bit also need planning permission.

A massive trampoline, however, doesn't need permission but in terms of lost privacy for neighbours there's not a lot of difference.

Miss_Samantha

Insurance is useless and the council isn't going to find out now or care after 12 years.

However, if the buyer (or rather his solicitor/lender) don't want to budge but are placated by that insurance then I say that's still money well spent to allow you to move on. It should be quite cheap.