Buying a house that might not have planning permission for an extension

wdjw

I wanted to try and get some advice and gauge opinion on this. I know ultimately the decision has to be mine and how comfortable I am. I am in the process of buying a new house and we are nearly there but late in the day it has become apparent that the vendor doesn't have a copy of the planning permission for the extension, probably 10 or so years old, and I can't find it online. The extension was done by the previous owners. He has tried to pull the wool of my eyes with this by not giving straight answers via solicitors. Apparently I can get an indemnity policy for this and all will be good. However my worry is the resale. It's also been on the market for 18 months so I am guessing this might have been an issue for previous potential buyers. If I ever want to sell it the same thoughts I am having might well put off other people. Unless he can find the planning permission or can get retrospective planning permission I am thinking of pulling out. Have you come across this before and what are your thoughts? Oh and I have also read that some mortgage and insurance companies can be funny about this. Is that so? Ultimately I want the house but I also don't want to take a risk with my main investment. Any insight and, or advice would be greatly received. Thanks

eddddy

Nothing bad can happen as a result of an extension being built 10 years ago without planning consent.

After 4 years the local planning authority cannot take enforcement action.

(But if you suspect that the extension was really built less than 4 years ago, that could be a concern.)

I guess the only (slight) concern is that if somebody built an extension without bothering to get planning consent, maybe they're the type of person who doesn't do things properly. So maybe get a surveyor to check over the extension.

davidmcn

Apart from the passage of time making this pretty much a non-issue, have you checked whether the extension even needed planning consent?

An indemnity policy sorts it, only the most fussy buyers would be put off. Lenders don't care, as long as there is insurance in place.

What is your solicitor advising?

wdjw

Thanks guys. The solicitor is advising just to get an indemnity. However it has been on the market for 18 months so I wonder whether this has put off perevious buyers. It just feels less than ideal and my worry would be any onward sale. I am a straight guy and would feel uncomfortable in letting people go through the process and only find out about this at the last minute. If I flag it up early on I think it would put people off. If I had been told this before putting an offer in I wouldn't have put in that offer.

eddddy

wdjw wrote: »

If I had been told this before putting an offer in I wouldn't have put in that offer.

Why?

I guess you could apply for a Certificate of Lawfulness, if it made you feel more comfortable.

davidmcn

wdjw wrote: »

The solicitor is advising just to get an indemnity. However it has been on the market for 18 months so I wonder whether this has put off perevious buyers. It just feels less than ideal and my worry would be any onward sale. I am a straight guy and would feel uncomfortable in letting people go through the process and only find out about this at the last minute. If I flag it up early on I think it would put people off. If I had been told this before putting an offer in I wouldn't have put in that offer.

Why do you feel this way when you're getting professional advice that an indemnity policy is an acceptable and normal way to proceed? There are 101 other possible reasons for it being on the market for 18 months.

Like I asked, have you even checked whether the extension needed planning permission, rather than falling under permitted development?

societys_child

If I flag it up early on I think it would put people off

Why flag it, when it's not an issue?

wdjw

Thanks for this.

notbritishgas

I had an extension built about 15 years ago.
The architect who drew up the plans said due to the size and % of volume planning permission was not required.
Possibly more important have building regulations been appliedl for, I think that was a must in my case.
But as a previous poster said after a certain time without any objections then enforcement should not happen (I hope!).
So an indemnity should satisfy you.

middleclassbutpoor

How big is the extension - could this fall under permitted development where only building regs are required?

Likewise, if any contact is made with the planning dept, an indemnity wouldn't be allowed because all this is protect you from action being taken by them if they suddenly decide to take action. If someone has put it on their radar then you will find the cover isn't valid.

How long do you think you will live there. Can you do a search on when the house was last sold to see if there are any sales particulars available then?

The EPC may indicate whether or not this has been done more recently as they give you the size of the house on it. https://www.epcregister.com/

Pop the address in there and see if there are any historic ones. It may confirm the timelines that you are being told if there has been one done prior to the current one?

Personally speaking, its unlikely the seller will look for retrospective permission because if they can't get it, they can't offer indemnity to another buyer. You need to weigh up the pro's and con's and then take the decision which you feel is right.

badger09

Ask your solicitor to ask vendor's solicitor to obtain an Indemnity Policy (on the basis that in the unlikely event you don't go ahead with the purchase, vendor can provide it to prospective purchasers)

As a recent vendor (Executor for my late sister's estate) I paid for Indemnity Policy to cover lack of Covenant Consent re a conservatory. I wasn't convinced it was necessary but wouldn't risk losing the sale for the sake of £140, and if sale had fallen through I had policy ready for next purchaser.