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Buying a house w/ extension without PP and building regs

HomeBuyer892
Posts: 2 Newbie
We've gotten quite far through the process of purchasing a house, before being alerted to the lack of Planning Permission and building regulations for a Kitchen, Lounge, lobby and WC extension. (the latter of which would definitely have been required) This wasn't provided by the vendors and our solicitors chased a few times before discovering this.
The current vendors told us all was present before they moved in (less than 5 years ago) and this is why they don't have it however we've since found out that the lounge extension was done by them (moved an exterior wall, added roof etc).
Our solicitors proposed we ask the vendors to cover Indemnity insurance, but we're more concerned with possible cut corners in the extension by the vendors and previous owners also and the impact this may have in the future, particularly the new extension which won't have withstood time, and wasn't disclosed.
Also - the side passage/WC wall is in next doors garden/on the fence line, however this was there when they purchased we believe, so I'm hoping there won't be future implications as a result, but the insurance should cover that. Just another concern.
We have a few options;
1 - pull out of sale (would rather not, but appreciate this is the sensible option)
2 - get them to go down the route with the council (don't think they would and would result in us loosing the house)
3 - Indemnity insurance and a full structural survey - would it be fair to expect them to pay for both as part of the extension was by them, which they're lying about?
Finally - what would a fair reduction in our offer be? We've offered the asking, which seems correct in value for the area/size of property, but that would be assuming the extension is fully compliant which it isn't. We've offered a 23% increase on what they paid for it less than 5 years ago.
Any input greatly appreciated!
The current vendors told us all was present before they moved in (less than 5 years ago) and this is why they don't have it however we've since found out that the lounge extension was done by them (moved an exterior wall, added roof etc).
Our solicitors proposed we ask the vendors to cover Indemnity insurance, but we're more concerned with possible cut corners in the extension by the vendors and previous owners also and the impact this may have in the future, particularly the new extension which won't have withstood time, and wasn't disclosed.
Also - the side passage/WC wall is in next doors garden/on the fence line, however this was there when they purchased we believe, so I'm hoping there won't be future implications as a result, but the insurance should cover that. Just another concern.
We have a few options;
1 - pull out of sale (would rather not, but appreciate this is the sensible option)
2 - get them to go down the route with the council (don't think they would and would result in us loosing the house)
3 - Indemnity insurance and a full structural survey - would it be fair to expect them to pay for both as part of the extension was by them, which they're lying about?
Finally - what would a fair reduction in our offer be? We've offered the asking, which seems correct in value for the area/size of property, but that would be assuming the extension is fully compliant which it isn't. We've offered a 23% increase on what they paid for it less than 5 years ago.
Any input greatly appreciated!
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Comments
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Would the extension be allowable under permitted development? My major concern (aside from the safety aspect) is if it did not have PP then the planning department could (big could) get you to pull it down.Thinking critically since 1996....0
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We're not certain, but from the council website I believe so, as it exceeds the 3m limit for permitted development past original rear wall, and our solicitors have been asking for it. In addition, next door submitted planning permission for a sun room which was initially declined then granted with conditions, and this goes further back. That's why we'd get the indemnity, but we think it's been there long enough now that an issue wouldn't arise unless new neighbours were unhappy.0
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If it was done more than 4 years ago, Planning enforcement by the council is not an issue, so indemnity insurance has little point.
What are the time limits for taking enforcement action?
In most cases, development becomes immune from enforcement if no action is taken:- within 4 years of substantial completion for a breach of planning control consisting of operational development;
- within 4 years for an unauthorised change of use to a single dwellinghouse;
- within 10 years for any other breach of planning control (essentially other changes of use).
A section 36 enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work.
Get your surveyor to look at it and comment specifically.0 -
Given that they've blatantly lied to you once already, I'd be asking for them to reduce by the cost of a full structural survey. Who knows what else they are concealing?No free lunch, and no free laptop0
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A reduction in price would only be objectively justified if your surveyor found something shoddy in the alterations (or indeed the rest of the house). If potential losses from the lack of consents or any encroachment on next door have been adequately covered by indemnity insurance, you don't get another bite at the cherry by using them as an excuse to also drop the price.0
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"Shy bairns have nee fun" as my Mam used to say. Don't ask, won't get.0
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Pull out, they knew what they were doing and trying to do, clearly didnt follow any rules when extending their property, they probably haven't followed any building codes of practices either and there may be structural issues.
You will have all this when you come to sell as well.
There is a reason why most folk apply for planning or obtain a certificate of lawful building, follow building regulations and obtain correct completion certificates...there is also a reason why some don't, to save money and cut corners.0
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