Buying a house with planning permission & part completed build

rskegg

So, we've fallen in love with a house, had an offer accepted and are trying to move fast. I've got a nag of fear though....

Our sellers had planning permission for a 2 storey extension in 2010. They started the build and, I believe, ran out of money on the ground floor. They slapped a flat roof on with the intention of completing the project later.

They did not finish the extension and want to sell the house. Brilliant, it's perfect for us and we want to complete the extension work in a couple of years when the kids are older and we have saved a few pennies towards it.

But of course I'm worried! Does anyone know how we would stand with the planning permission?

I'm concerned because:

1. They have stopped work and made the existing work into permanent liveable space.
2. I don't want to be told to knock down the extension
3. I don't want to get a tonne of pre-sale work done, incurring costs if it's likely to fall through.
4. I genuinely want to complete the extension in the future but I want to do it on my timescale, not be forced into a quick job because the council gets the hump!

Any advice would be hugely appreciated!

silvercar

We were in the same position. Our solicitor told us there was a small risk that the council could insist that the work be completed but no risk that they can ask you to knock down what is already there.

There is no timescale on completion, generally planning permission requires that work starts within 3 years of the permission being granted. There is rarely a specified finish date.

G_M

Planning consents have a time limit. The construction has tobe competed in (I think) 3 years of the date of consent (but check that!).

The other major concern would be the foundations. Make sure they were put in to support a two storey building, not single.

If as you say, the sellers started and then ra out of money, you'd assume the foundations would be OK. But if when they did the foundations they knew they were not going to put the 2nd storey on, they may have skimped.

Were the foundations checked by Building Control and signed off? Take a look at the specification.

ProDave

As far as planning permission is concerned, once the work has "started" that's the planning locked in and you can complete it any time you like, unless an enforcement notice has been issued to give you a completion deadline.

A bigger worry is building control. Has the work done so far been signed off as complete by building control? If not at the very least I would want a letter of comfort from building control that the work done so far has been inspected and is up to standard.

BEFORE you make that call however talk to your solicitor about an indemnity policy to cover this. It might not be possible to buy such a policy if you have spoken to building control and got the wrong answer.

rskegg

Silvercar - Thanks for this, I'll seek some confirmation & evidence that the work was started on time - great advice!

G_M - I'll add the foundations to the surveyor request - great shout!

ProDave - I might insist on an inspection, this feels like the crux of the dillemma! I'll consult my solicitor over options before we proceed further (Memo of sale hit the doormat today so we've not spent any real money yet). Big thanks for your input!

silvercar

We required that our sellers get completion of works sign off from building control (the fact that the extension isn't complete doesn't matter) and indeed the sellers needed to put in some extra roof strut and a fire door before they could get sign off.

Incidentally we never intended to do further work and 10 years later have heard nothing from the council.

G_M

rskegg wrote: »

Silvercar - Thanks for this, I'll seek some confirmation & evidence that the work was started on time - great advice!

G_M - I'll add the foundations to the surveyor request - great shout!

ProDave - I might insist on an inspection, this feels like the crux of the dillemma! I'll consult my solicitor over options before we proceed further (Memo of sale hit the doormat today so we've not spent any real money yet). Big thanks for your input!

I doubt the surveyor can tell. He's need to dig a trench down beside the wall to see how far down the foundations extend, what they are constructed from, and what kind of soil/base is beneath the foundations.

a) surveyors don't do digging!
b) sellers are usually reluctant to allow digging!

And even if the surveyor did dig down, it's a Structural Engineer you'd need who would calculate what depth was needed, given the soil strength beneath the foundations, and the type of construction used.

Far easier if Building Control inspected & signed off the foundations properly at the time they were laid, according to the specificatioms on the plan for a 2 storey extension.

davidmcn

ProDave wrote: »

As far as planning permission is concerned, once the work has "started" that's the planning locked in and you can complete it any time you like, unless an enforcement notice has been issued to give you a completion deadline.

It's one thing to have a building site progressing very slowly, another to stop halfway through and then use the space as a room. I would say that's a development which hasn't been built in accordance with the approved plans (the roof certainly hasn't been approved, has it?). I would predict difficulty with getting the solicitors/surveyors to agree that it's all compliant from a planning point of view.

Doozergirl

... but if it was carried out in 2010 then it would be exempt from any enforcement on the planning side of things.

Planners will put more caveats on a doublemthan a single storey extension so it would be unlikely to suddenly contravene planning rules if not in a designated area.

As a single storey it could even fall under permitted development.

silvercar

davidmcn wrote: »

It's one thing to have a building site progressing very slowly, another to stop halfway through and then use the space as a room. I would say that's a development which hasn't been built in accordance with the approved plans (the roof certainly hasn't been approved, has it?). I would predict difficulty with getting the solicitors/surveyors to agree that it's all compliant from a planning point of view.

Exactly what we had. Basically a two storey side and rear extension was only built at the side. We were told by the council and our solicitor, that while in theory the council could say that we hadn't built according to plans, all we would need to do would be to put in retrospective planning permission to keep the smaller extension. Given the larger extension was already approved and work commenced, the chances of the permission being refused would be negligible.

davidmcn

Doozergirl wrote: »

... but if it was carried out in 2010 then it would be exempt from any enforcement on the planning side of things.

True, but I don't think we know that the work was done in 2010, just that was when the original consent was issued. And we know from the many other examples posted here that merely being out of time for enforcement is rarely enough.