No planning permission but building control approved for extension

Spenser

I am in the process of buying a property extended in the 90s. As per the local authority website, there is no application for planning permission, but the building regulation application was applied in early 2000s (just before the property was sold to the current vendor) and status is 'Building Work Complete'. Is it ok to carry on with the purchase? I know the local authority wouldn't do an enforcement after 10 years of doing the work, but wanted to make sure the property is legally compliant and won't face any legal issues in future. NB: I don't want to go via the legal indemnity route anyway. Please advise

G_M

Planning can not usually be enforced after 4 years.

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).

These time limits are set out in section 171B of the Town and Country Planning Act 1990.

https://www.gov.uk/guidance/ensuring-effective-enforcement#planning-enforcement--overview

If getting a mortgage the lender may insist on indemnity insurance.

Is it ok to carry on with the purchase?

Yes.

Spenser

@G_M Thanks for the reply.

But if the local authority really wanted to do so they can do so as per the below sentence from the same page you shared

"Therefore, in cases of deliberate concealment, a local planning authority may decide to serve an enforcement notice ‘out of time’ or apply for a planning enforcement order. It is for the local planning authority to decide which approach is appropriate in each case."

My query was whether an approval from the building controls is there, and/or if a build completion certificate is available, would that cover the lack of planning permission?

G_M

If Building Regs were applied for and certified, that could hardly constitute 'deliberate concealment'!


Compare:


https://www.thisismoney.co.uk/money/mortgageshome/article-1688561/Castle-home-hidden-by-straw-has-to-go.html

Doozergirl

If they've got Building Control Approval then it sounds like the extension probably falls under Permitted Development Rights and didn't need Planning Permission in the first place.

You don't go for the BCA if you haven't got PP. It's illogical.

How big is the extension?

davidmcn

My general rule of thumb is that if it's over 20 years old you can stop the wild goose chase for paperwork.

Davesnave

Spenser wrote: »

My query was whether an approval from the building controls is there, and/or if a build completion certificate is available, would that cover the lack of planning permission?

Planning and building control are two different things, so the departments usually only communicate with each other when circumstances dictate. One doesn't take the place of the other.

They are also typically very busy, so not terribly concerned to drag up historic abuses, though it looks very likely that your work was done under permitted development anyway.

It would be a rare thing for someone to seek building regs certification without having the right to do the work in the first place.

Spenser

Doozergirl wrote: »

If they've got Building Control Approval then it sounds like the extension probably falls under Permitted Development Rights and didn't need Planning Permission in the first place.

You don't go for the BCA if you haven't got PP. It's illogical.

How big is the extension?

The extension is nearly 30% of the original structure. I know from the vendor that the extension was done in 1990s, but the building control approval was done in early 2000s, a few months before the sale was done with the current vendor. I am guessing the previous vendor might have approached the local authority in order to get it authorised. Maybe in those cases, LCA would only provide a building regulation approval and not a planning permission?

Spenser

Davesnave wrote: »

Planning and building control are two different things, so the departments usually only communicate with each other when circumstances dictate. One doesn't take the place of the other.

They are also typically very busy, so not terribly concerned to drag up historic abuses, though it looks very likely that your work was done under permitted development anyway.

It would be a rare thing for someone to seek building regs certification without having the right to do the work in the first place.

The building regs was seeked 6 years after the real work was done. So I think the vendor might have done this in order to get it legalised for sale. If such an application is submitted to the local council with the work already done, would the council still bother to do a planning permission?

Davesnave

Spenser wrote: »

If such an application is submitted to the local council with the work already done, would the council still bother to do a planning permission?

As I said before, the two departments Building Control and Planning are seperate, so BC may never have looked at the question of whether the extension had permission.

In any event, if it had existed for 6 years, the question of planning was, by then, somewhat moot!

Spenser

Davesnave wrote: »

As I said before, the two departments Building Control and Planning are seperate, so BC may never have looked at the question of whether the extension had permission.

In any event, if it had existed for 6 years, the question of planning was, by then, somewhat moot!

I think I should approach the Local Authority directly and check with them whether I will face any issues in future by purchasing the property. Hope that wouldn't cause any issues to the vendor.