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Vendors detached garage - planning/building regs?
Jigglebiz
Posts: 162 Forumite
Hi all
We are close to exchanging on purchase of a freehold house, we are at the bottom of a short chain.
All enquiries have been answered.
I've just realised that the detached garage built fairly recently by the vendor (a builder) may be bigger than permitted. I’d guess it’s been built in the last 5-8 years.
Our solicitor has not raised anything, there is nothing in the sellers forms, our homebuyers surveyor (decent old school type) didn't mention it.
I know nothing about all this, but have checked the planning portal guidance here https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings/2
According to a previous listing for the house the garage is about 18m2.
It looks like it is almost against the neighbours fence. So not more than a metre from the boundary as specified in the link above.
Should my solicitor already have looked into this? What should I be doing now?
Sorry for the panic, we have pressure to move out ASAP (are in rented and have received a Sec 21) and I'm concerned this could be a spanner in the works.
We are close to exchanging on purchase of a freehold house, we are at the bottom of a short chain.
All enquiries have been answered.
I've just realised that the detached garage built fairly recently by the vendor (a builder) may be bigger than permitted. I’d guess it’s been built in the last 5-8 years.
Our solicitor has not raised anything, there is nothing in the sellers forms, our homebuyers surveyor (decent old school type) didn't mention it.
I know nothing about all this, but have checked the planning portal guidance here https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings/2
According to a previous listing for the house the garage is about 18m2.
It looks like it is almost against the neighbours fence. So not more than a metre from the boundary as specified in the link above.
Should my solicitor already have looked into this? What should I be doing now?
Sorry for the panic, we have pressure to move out ASAP (are in rented and have received a Sec 21) and I'm concerned this could be a spanner in the works.
Total debt outstanding: Jan18 -£1813 / Feb18 -£1649 / Mar18 -£1278 / Apr18 -£999 / May18 -£632 / June18 -£316 / July18 £0
House Buy/Sell Fund: Jan18 £0 / Feb18 £184 / Mar18 £568 / Apr18 £936 / May18 £956 / June18 £1538 / Jul18 £2233 / Aug18 £2719
House Buy/Sell Fund: Jan18 £0 / Feb18 £184 / Mar18 £568 / Apr18 £936 / May18 £956 / June18 £1538 / Jul18 £2233 / Aug18 £2719
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Comments
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Your solicitor won't have visited the property so can't be expected to know.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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If it was built "5-8 yrs ago", then there's no enforcement possible against it. If anybody was going to complain, then they would have done so by now.0
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I’m just guessing about the age of the garage as the only addition mentioned in the property information forms is the conservatory. HmmTotal debt outstanding: Jan18 -£1813 / Feb18 -£1649 / Mar18 -£1278 / Apr18 -£999 / May18 -£632 / June18 -£316 / July18 £0
House Buy/Sell Fund: Jan18 £0 / Feb18 £184 / Mar18 £568 / Apr18 £936 / May18 £956 / June18 £1538 / Jul18 £2233 / Aug18 £27190 -
Probably another case for indemnity insurance. But don't ask the council/build regs/planning about it.I am not a cat (But my friend is)0
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Thanks , yes I guess indemnity insurance is still an option.
I’m on the council’s planning website and their map of the area includes the outlines of this garage as well as the other outbuildings installed - so they must know about it?
Records go back to 2000 and there have been no building control or planning applications for this house.Total debt outstanding: Jan18 -£1813 / Feb18 -£1649 / Mar18 -£1278 / Apr18 -£999 / May18 -£632 / June18 -£316 / July18 £0
House Buy/Sell Fund: Jan18 £0 / Feb18 £184 / Mar18 £568 / Apr18 £936 / May18 £956 / June18 £1538 / Jul18 £2233 / Aug18 £27190 -
As has been said if you’re confident it’s over 4 years old ... don’t worry about it. You could get an indemnity but it would be a waste of money.0
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I can’t be completely sure it’s over 4 years old. No info has been provided on the property information form, so I’ll have to get my solicitor to enquire.Total debt outstanding: Jan18 -£1813 / Feb18 -£1649 / Mar18 -£1278 / Apr18 -£999 / May18 -£632 / June18 -£316 / July18 £0
House Buy/Sell Fund: Jan18 £0 / Feb18 £184 / Mar18 £568 / Apr18 £936 / May18 £956 / June18 £1538 / Jul18 £2233 / Aug18 £27190 -
That page is for building regs. Presuming it's a brick built garage, it's exempt, even within a metre as it's non combustible, as stated in your link, and that's all building control would be worried about.
Planning permission is a different thing, but for most people a detached garage falls under permitted development if the eaves are no higher than 2.5 metres.
Which bit of the building do you think contravenes any of the guidance?
You don't need an indemnity policy if it all conforms!Everything that is supposed to be in heaven is already here on earth.
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What about Google Streetview or satellite imagery?0
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If the floor area of the building is between 15 square metres and 30 square metres, you will not normally be required to apply for building regulations approval providing that the building contains NO sleeping accommodation and is either at least one metre from any boundary or it is constructed substantially of non-combustible materials.
Aha - I see. Either distanced from the boundary, or non combustible. That sounds ok then !
I’m just a bit confused why it wasn’t listed on the info form - it should have been, right?
As I say I’m at the stage where we need to hurry up to exchange so if I can avoid back and forth via solicitors that’s preferred.Total debt outstanding: Jan18 -£1813 / Feb18 -£1649 / Mar18 -£1278 / Apr18 -£999 / May18 -£632 / June18 -£316 / July18 £0
House Buy/Sell Fund: Jan18 £0 / Feb18 £184 / Mar18 £568 / Apr18 £936 / May18 £956 / June18 £1538 / Jul18 £2233 / Aug18 £27190
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