Decking - and lack of planning permission

Damago

We are in the process of selling our property and were hoping to exchange this week, our buyers solicitors have just come up with a question about the decking in our garden - asking if it is over 30cm high. All of the decking was there before we purchased the property over 6 years ago (and wasn't new then) and I'm sure one section probably is over 30cm - after googling I've found out this query is likely due to the need for planning permission on decking over 30cm. I will measure the height once I get back from work this evening but if this is the case, can someone tell me what our options are?

Underneath that whole section of decking the ground (mud) is actually raised, so although the front of the decking is 2 boards high and likely 30+cm from the grass infont of it, underneath it is not because it's kind of 'filled in' (this isn't connected to / next to any buildings).
We have a shed also from previous owners on top of that decking, so if we need to remove the shed, and then the decking it will be a high pile of mud below it...

Doozergirl

If it's 'probably' over 30cm, I'd say no.

Nothing's going to happen. The issue is usually with overlooking the neighbours. If the neighbours haven't complained then the planning office will never even know - you're beyond the 4 year time limit for enforcement anyway.

If you tick yes, you'll end up paying for an indemnity policy or applying to the council for a certificate of lawful development. Pointless, IMO.

Damago

Thanks Doozergirl, it's at the end of a relatively long garden which is surrounded by the end of other gardens, you'd have to stand on tip toes to look in to other peoples gardens if you really wanted to. None of our neighbours have ever had an issue with it since we've been there, it seems such a pointless query.
As I say, I still need to measure it but I know it wont be 30cm from the ground that's directly underneath the actual decking, but think it might be over 30cm from the grass directly infront of it. The wording of the query is if the decking is raised more than 30cm from the ground - I'm not sure which level would count as the 'ground'.

This never came up when we were buying the property (unless our solicitors queried without our knowledge and previous sellers said 'no' it's not over 30cm) As the buyers have seen it twice I don't get the sense that this is their issue but more the solicitors doing their due diligence.

If we were to answer 'no' it is not over the 30cm but it turns out to be over that, could there be any legal backlash on us after we've moved?

Doozergirl

The ground under the decking, certainly not ground that isn't under the decking. But you'd want to pick the highest point compared to the ground underneath it. If you were on a steep hill it could make a difference very quickly and you could be a metre off the ground within a few metres.

There's no potential loss here. IF there was a breach of planning, and if you live in a house that isn't listed then after 4 years they cannot enforce that breach. What we are we talking about here? 35cm at most or more than that?

If you have time then you could apply for a certificate of lawful development if you're particularly worried but if you have to stand on tiptoes to see anywhere over your fence then that isn't what this legislation was for.

AlexMac

Its the solicitor being 4r3y. I bet the buyers don't give a 7055.

To cover yourself you could say ... "over 30cm?... Not to the best of my knowledge..."

Then the solicitor can advise the buyer, who can send out a bloke with a measure, a theodolite and a plumb line....

But they won't, just as they won't back off from the sale, having searched, chosen, committed, paid arrangement fees, mortgage valuation costs, legal and search fees...

after all, if its even 15cm out of true, what's six inches between friends? (ooh, you are awful!).