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Retrospective Planning Permission
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londmac
Posts: 1 Newbie
Hi all,
I'm new here as a forum member but have been using the site as a resource for years and will endeavour to contribute on subjects I know something about in future!
So onto a subject, I know nothing about, planning permission! I live in a first floor maisonette in South London and we have recently completed a loft extension to provide 2 bedrooms and a bathroom in the loft and meaning we have the space to stay there with our 2 young children.
The loft extension company we used who I can't name for fear of litigation were instructed to create plans that allowed us to extend to the maximum extent permitted by the Council and in line with the adjoining neighbour's extension that was completed only a few months before. They ignored this and planned for a smaller (almost cupboard) room over the rear of the flat that was significantly smaller than our neighbours. This being the first building work we'd ever undertaken we assumed they'd followed our instructions and naively signed off the plans without fully understanding the measurements. As a result, mid build, it became obvious they were building a cupboard instead of the bedroom they had promised. We were on a tight schedule as my wife was 7 months pregnant and we had to sign a waiver for them to proceed with the build extended the rear room out further to match the neighbour's extension. They assured me that as precedent was set by next door that submitting the revisions retrospectively wouldn't be a problem and even if we didn't it would become unenforceable after 4 years.
Now they have finally completed the revised plans they are suggesting they are nervous that they might be rejected and therefore are reluctant to do so. Has anyone got any advice as this would be literally a bankrupting exercise if it went the wrong way?
To clarify the property is a maisonette flat and therefore extension doesn't come under permitted development. Furthermore, the neighbour's plans are identical to our revised ones and are visible on council's planning portal. Any advice would be massively appreciated. Thank you.
I'm new here as a forum member but have been using the site as a resource for years and will endeavour to contribute on subjects I know something about in future!
So onto a subject, I know nothing about, planning permission! I live in a first floor maisonette in South London and we have recently completed a loft extension to provide 2 bedrooms and a bathroom in the loft and meaning we have the space to stay there with our 2 young children.
The loft extension company we used who I can't name for fear of litigation were instructed to create plans that allowed us to extend to the maximum extent permitted by the Council and in line with the adjoining neighbour's extension that was completed only a few months before. They ignored this and planned for a smaller (almost cupboard) room over the rear of the flat that was significantly smaller than our neighbours. This being the first building work we'd ever undertaken we assumed they'd followed our instructions and naively signed off the plans without fully understanding the measurements. As a result, mid build, it became obvious they were building a cupboard instead of the bedroom they had promised. We were on a tight schedule as my wife was 7 months pregnant and we had to sign a waiver for them to proceed with the build extended the rear room out further to match the neighbour's extension. They assured me that as precedent was set by next door that submitting the revisions retrospectively wouldn't be a problem and even if we didn't it would become unenforceable after 4 years.
Now they have finally completed the revised plans they are suggesting they are nervous that they might be rejected and therefore are reluctant to do so. Has anyone got any advice as this would be literally a bankrupting exercise if it went the wrong way?
To clarify the property is a maisonette flat and therefore extension doesn't come under permitted development. Furthermore, the neighbour's plans are identical to our revised ones and are visible on council's planning portal. Any advice would be massively appreciated. Thank you.
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Comments
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You should have got planning permission BEFORE you started. that lies at your door. Hopefully, as it's the same as next door you will get the PP and be allowed to keep it.
Did they also apply for building regulations and get a building regs completion certificate? if not that is likely to be a bigger problem as there is no guarantee it has been done structurally correct and to establish that the building inspector may demand you rip a lot of it out to expose the structure for inspection.0 -
Without wanting to potentially depress you even more...Do you actually own the loft? (i.e. is it included in your lease?) Or does the freeholder own it?
If you do own it, did you get the freeholder's consent for the alterations? (I'm guessing you may not have, as most freeholders would insist on you having planning consent and building regs.)
Does your lease (and/or lease plan) need to be varied to reflect the new layout of the maisonette? Have you agreed all this with the freeholder?
You might be able to get around the planning and building regs issues, by hoping that nobody notices for 4 years. But if you've fallen foul of any of the above, those issues won't go away. Just about nobody would buy a flat with those types of problems.0 -
Without wanting to potentially depress you even more...Do you actually own the loft? (i.e. is it included in your lease?) Or does the freeholder own it?
If you do own it, did you get the freeholder's consent for the alterations? (I'm guessing you may not have, as most freeholders would insist on you having planning consent and building regs.)
Does your lease (and/or lease plan) need to be varied to reflect the new layout of the maisonette? Have you agreed all this with the freeholder?
You might be able to get around the planning and building regs issues, by hoping that nobody notices for 4 years. But if you've fallen foul of any of the above, those issues won't go away. Just about nobody would buy a flat with those types of problems.
I thought my loft was included in my lease...but it wasn't as I found out when it came to selling the flat....freeholder owned it....I've had to pay £900 for retrospective permission to keep a boiler there0
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