Replacing extension without planning permission

schoolyb

I'm looking at buying a property that has a single story extension to the back, this is at least 10+ years old, probably a lot older but never had planning permission and is clearly not up to code (my partner called it a 'lean to' despite it being part of property, it has brick corners but wood paneled external walls and a flimsy looking corrugated paneled roof, although internally it's in very good condition). Estate agent says they have indemnity insurance for what that's worth.

It's a row of terraced properties and it looks like this extension goes further back than the other properties do (the gardens are fairly small).

Anyway, I understand the council are unlikely to tell me to rip it down any time soon because of the length of time it has been up but do the rules about this apply if I was to rebuilt it with exactly the same length/height profile?

The question would be would the council have a fresh case for telling me to rip it down if I rebuilt it, and if so is there anything I can do in making it good that wouldn't give them a case for this? (Aside from this it's a property we really like in a good area and potentially at a good price if we can get the price down to factor in these works).

Thanks in advance.

Nobbie1967

Does the existing 'extension' fall within permitted development? If so, you would only have to comply with building regs for the rebuild.

schoolyb

Nobbie1967 wrote: »

Does the existing 'extension' fall within permitted development? If so, you would only have to comply with building regs for the rebuild.

I'm not sure, from what I can tell via Google this would cover for small single story extensions of <3m on 'attached' properties, this looks like 4m from the floorplans. It definitely looks like it goes further back than neighbouring properties.

schoolyb

I didn't mention previously but it's a flat (share of freehold) and that also seems to complicate permitted development, sorry new to the concept.

davidmcn

schoolyb wrote: »

I didn't mention previously but it's a flat (share of freehold) and that also seems to complicate permitted development, sorry new to the concept.

First things first then - does the lease include the ground on which the extension has been plonked?

eddddy

schoolyb wrote: »

I didn't mention previously but it's a flat (share of freehold) and that also seems to complicate permitted development, sorry new to the concept.

As you suggest, there are no permitted development rights for flats.

You should check that the joint freeholders have given consent for this. I guess they must know about it, as they presumably own flats in the same building.

So even if there is no consent, hopefully the current owner can persuade his neighbours (joint freeholders) to regularise everything.

schoolyb wrote: »

Anyway, I understand the council are unlikely to tell me to rip it down any time soon because of the length of time it has been up but do the rules about this apply if I was to rebuilt it with exactly the same length/height profile?

This might be a bigger job than you imagine. It sounds like there are 2 brick pillars with wood panels inbetween. So the brick pillars will have foundations, but there may be no foundations inbetween them.

If you want to build a brick wall between the pillars (to replace the wood panels and support a more robust roof), foundations will probably have to be dug first.

ProDave

First thing, get proof how long it has been there and apply for a certificate of lawful development.

Once that is granted, submit a planning application for a replacement extension, there will be no grounds to refuse it.

schoolyb

davidmcn wrote: »

First things first then - does the lease include the ground on which the extension has been plonked?

The garden is private and belongs to the flat. I haven't yet bought it so couldn't say what it looks like on the lease but suspect that this wouldn't be an issue, the other half of the freehold is the owner-occupier upstairs who I'm sure would agree to a minor variation on the lease (if it wasn't already designated on it) if it was.