Missing planning permission

davidmcn

slightlychilled wrote: »

I would still like to know whether an indemnity policy is for the life of the garage or just for me as a buyer ?

The former (I did answer this back at post #10!).

Doozergirl

slightlychilled wrote: »

Please tell me there is a distinction between ignoring buliding regulations and crossing a grey line in permitted development.
Going back to my original questions, I would still like to know whether an indemnity policy is for the life of the garage or just for me as a buyer ?

Yes, they are totally different and garages don't need Building Regulations Approval either!

The last time I purchased an indemnity policy, I'm sure I could choose whether it covered just our ownership or subsequents as well.

EachPenny

slightlychilled wrote: »

Please tell me there is a distinction between ignoring buliding regulations and crossing a grey line in permitted development.

In terms of how future buyers will look at it, there's not a great deal of difference.

There's also no 'grey line' with permitted development - it is either permitted or not - and permitted development might not be relevant in your case.

What you've been advised by many posters on here could be called 'getting away with it' development. If the planning authority don't take action within a certain length of time then they can't take planning enforcement action in most circumstances.

But as you haven't established for certain:
a) Whether the garage is permitted development
b) Whether the Council can or cannot take planning enforcement action
c) Whether the Council has any other course of action they could take
and
d) The legal implications of the covenant

-then the best advice you could get right now is to buy as much insurance as you can, or else be prepared to deal with whatever problems get uncovered down the line. Hopefully this is what your solicitor will be telling you before things go too far.

Doozergirl

EachPenny wrote: »

In terms of how future buyers will look at it, there's not a great deal of difference.

There's also no 'grey line' with permitted development - it is either permitted or not - and permitted development might not be relevant in your case.

What you've been advised by many posters on here could be called 'getting away with it' development. If the planning authority don't take action within a certain length of time then they can't take planning enforcement action in most circumstances.

But as you haven't established for certain:
a) Whether the garage is permitted development
b) Whether the Council can or cannot take planning enforcement action
c) Whether the Council has any other course of action they could take
and
d) The legal implications of the covenant

-then the best advice you could get right now is to buy as much insurance as you can, or else be prepared to deal with whatever problems get uncovered down the line. Hopefully this is what your solicitor will be telling you before things go too far.

.


That isn't the best advice. It defies moneysaving principles when the advice is actually backside covering by solicitors who don't know the answers to this themselves, paid for by their clients. Exacerbated by potential insurers conveniently preventing people from asking the most basic of questions to planning officers.

I'm hoping the OP took the advice of looking at the planning portal to establish PD, which is what the majority of garages will fall under.

"Getting away with it" is also lawful and doesn't require any insurance.

The covenant is a totally separate issue covered by a different policy. No one here knows what the wording of the covenant is, even, so the advice to buy as much insurance as possible isn't best, it's knee jerk.

Doozergirl

I would be happy to give an educated opinion on the age of the garage and/or whether it is PD, given a door number and postcode via PM.

It doesn't provide insurance, but I would find it less frustrating than all this flapping about of 40 odd posta and no-one knowing anything.

davidmcn

Doozergirl wrote: »

the advice to buy as much insurance as possible isn't best, it's knee jerk.

However, getting somebody else (i.e. the seller) to buy as much insurance as possible for your benefit is good money-saving advice

EachPenny

Doozergirl wrote: »

I would be happy to give an educated opinion on the age of the garage and/or whether it is PD, given a door number and postcode via PM.

It doesn't provide insurance, but I would find it less frustrating than all this flapping about of 40 odd posta and no-one knowing anything.

Finally

The OP also needs advice on whether Building Regulations approval was needed, there is not a blanket exemption on garages.

parking_question_chap

How old is the garage?

slightlychilled

"The covenant is a totally separate issue covered by a different policy."

What would that be ?
Other posters have indicated that permitted development supercedes covenant.

Doozergirl

slightlychilled wrote: »

"The covenant is a totally separate issue covered by a different policy."

What would that be ?
Other posters have indicated that permitted development supercedes covenant.

We think we get to a point and then it all starts again. It was raised again by someone else and lumped in together with the planning requirements.

I don't know what your covenant says. If it says what you have paraphrased then of course, you cannot obtain PP for something that doesn't need it - if it falls under PD.

I'm offering to look at the house, its planning requirements and whether the garage is PD. It cannot constitute professional advice but it will answer a lot of questions that keep circling this thread like seagulls