No planning permission but building control approved for extension

davidmcn

Spenser wrote: »

I think I should approach the Local Authority directly

No, that's pretty much the last thing you should do. If you don't believe our advice, talk to your solicitor.

Davesnave

Spenser wrote: »

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.

Think carefully first. It may cause you issues instead.

If you alert the council to a breach of planning and then need to purchase indemnity insurance to satisfy a mortgage lender, you will be unable to do so.

Spenser

Davesnave wrote: »

Think carefully first. It may cause you issues instead.

If you alert the council to a breach of planning and then need to purchase indemnity insurance to satisfy a mortgage lender, you will be unable to do so.

How would the indemnity insurance provider know I have approached the council?

Moreover I am not that keen in going forward with the purchase if the property is not legally compliant.

Spenser

davidmcn wrote: »

No, that's pretty much the last thing you should do. If you don't believe our advice, talk to your solicitor.

Sorry, it's not because I didn't believe your advice. It is to make sure when I apply fora planning permission for a further extension to the property, it should not be causing an issue then.

davidmcn

Spenser wrote: »

How would the indemnity insurance provider know I have approached the council?

If there were a claim it's one of the things they'd check. It's a standard condition of such policies that you don't rock the boat by flagging up the issue to whoever might have the right to do something about it.

Moreover I am not that keen in going forward with the purchase if the property is not legally compliant.

It is legally compliant, given the time limits quoted above.

Spenser

davidmcn wrote: »

If there were a claim it's one of the things they'd check. It's a standard condition of such policies that you don't rock the boat by flagging up the issue to whoever might have the right to do something about it.

It is legally compliant, given the time limits quoted above.

Would it still be an issue if I wanted to do further extension to the property and approach the council? Would that still breach the indemnity insurance criteria?

Spenser

Another option I am thinking to do is to ask the vendor to supply a Certificate of Lawfulness. I am not sure whether they will provide it or not, but if they did it should atleast give me a peace of mind. Please share your thoughts.

G_M

Spenser wrote: »

Another option I am thinking to do is to ask the vendor to supply a Certificate of Lawfulness. I am not sure whether they will provide it or not, but if they did it should atleast give me a peace of mind. Please share your thoughts.

You've already been advised of the potential problem if you raise this with the council.


And not JUST in terms of indemnity insurance for you - but also any other future buyer who might be happier than you to have the insurance.


It would be a highly selfish thing to do and make the property much harder to sell if you withdraw. For no good reason.

Spenser

I’m not being selfish. I am planning to add a downstairs wash closet once I buy the property. I wanted to make sure I would be able to do this.

phill99

Spenser wrote: »

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.

If you do that your Indemnity Insurance will be null and void.