Buying an extended house with no planning permission

SophiaScott

Hi

My other half and myself are first time buyers. We’ve found the house at last! Only issue is it has a loft extension and also a self contained studio in the back garden, neither of which had planning permission.

Advice needed on this please!!

da_rule

Have you checked whether either required planning permission or whether they were covered by the permitted development rules?

theartfullodger

What about building regs approval?



Mortgage could be a problem

Hoploz

Check out https://www.Planning.gov to help establish whether these need planning permission or not. Usually if something has been built for 4 years without complaint it's classed as legal, though there are exceptions to this.

More important is whether the loft meets building regs for safety. If there's no completion certificate it may conform but never have had the certificate for some simple reason, or it might not conform to safety regs. Have a survey to check the structural integrity.

foxy-stoat

Loft extension would of needed Building Regulations Approval - maybe Planning Permission depending on the information on the Planning Portal. Ask to see Building Regs completion certificate - if they dont have it then find another first time property, as you probably wouldnt want the additional grief.

SmashedAvacado

It depends on when these things were done - on building regulations unless there is danger, the authorities will not usually take action after a period of time. Similarly, with planning, the planning authorities will not usually enforce. Your conveyancing lawyer will confirm these times to you.

You also need to ask whether an application was made for approval and then was not granted, or whether they just never made the applicatoin

In any event, this is unlikely to become your call if you are getting a mortgage because your lawyer is also acting for the lender who will want to be satisfied that all is in order. your instructions to your solicitor should be to be sure that the lender is happy and any future buyer would be able to get a lender happy.

presumably the property is not listed, because otherwise, failure to get consent would be a criminal offence

Davesnave

SmashedAvacado wrote: »

It depends on when these things were done - on building regulations unless there is danger, the authorities will not usually take action after a period of time. Similarly, with planning, the planning authorities will not usually enforce. Your conveyancing lawyer will confirm these times to you. The time for enforcing planning is 4 years from completion, unless work has been deliberately concealed. Of course, proof of existence for 4 years would be expected in the case of potential enforcement.

You also need to ask whether an application was made for approval and then was not granted, or whether they just never made the applicatoin.

Be careful when asking detailed questions to council officers relating to a specific property. If you do this and later find an indemnity policy is required, it won't be possible to say the council haven't been alerted.

The planning history for any property should be available on the council's web site, so there is usually no need to contact them to discover it.

MEM62

SophiaScott wrote: »

Hi

My other half and myself are first time buyers. We’ve found the house at last! Only issue is it has a loft extension and also a self contained studio in the back garden, neither of which had planning permission.

Advice needed on this please!!

Your solicitor should be addressing these issues. That's what you are paying them for. I would also point out that your solicitor has a responsibility for the advice he gives you, whereas a forum does not.