Buying a house which has no Planning Permission

Bendy_House

Hello everyone.

We are looking at a house to buy which almost certainly falls short of having had PP.

PP was approved for this house in 1990, but records show that Building Control plans were submitted to the LA only in 2001. From what we understand, it was at around 2003 that the house was actually completed/occupied.

Our solicitor has brought this discrepancy to our attention - it does appear that the build was begun well after PP was sought - way beyond the 5 years during which building should have started.

Can anyone tell us what this means in practice? Our understanding is that it's far too late for the LA to 'do anything about this' even if they wanted to (which we understand they don't).

The vendor - who had the house built - seems to be a classic case of the type trying to get things done without LA interference as much as possible.

Thank you.

Mojisola

Bendy_House wrote: »

The vendor - who had the house built - seems to be a classic case of the type trying to get things done without LA interference as much as possible.

I would be concerned about what other rules and regulations he hasn't complied with.

Bendy_House

Lol - you are right - he also hasn't had a completion cert...

That's for another thread. Which reminds me, best get that written... :-)

davidmcn

After 16 years I would expect any inherent problems to have come to light and at least to be apparent from a survey (it's not as if housing built by "reputable" developers is necessarily of great quality anyway).

You're really close to the point at which the lack of paperwork is irrelevant - as you say, the council can't now kick up a fuss.

Mojisola

davidmcn wrote: »

After 16 years I would expect any inherent problems to have come to light and at least to be apparent from a survey (it's not as if housing built by "reputable" developers is necessarily of great quality anyway).

As he's been the one maintaining the property during those 16 years, there may be other stuff to be concerned about. At least get a really good survey done.

silvercar

You only have to have started the build before the planning permission expires, usually 3 years. Even the start of foundations would count.

Bendy_House

That's a very good point, Silver.

I don't think it'll be too difficult to find out when the digger moved in. I guess there's a chance he stuck a spade in the ground within the 4 years, and then sat back.

I wonder how pedantic the rules are on this? With the BC Plans being submitted over a decade afterwards, I wonder what the LA would realistically consider as being the 'start' of the build?

AdrianC

Bendy_House wrote: »

I wonder how pedantic the rules are on this? With the BC Plans being submitted over a decade afterwards, I wonder what the LA would realistically consider as being the 'start' of the build?

What can you prove at this remove? Are there any demonstrably dated photos of building work?

Davesnave

Realistically, no local authority is going to ask for this house to be knocked down now, but you might not be able to get the building work certified retrospectively due to difficulties proving how it was constructed.

So long as the price reflects this and a buildings survey doesn't throw up suggestions of seriously slipshod construction, it could still be an OK buy.

As David says, it's not as if all older properties were constructed in a manner that would now be deemed satisfactory. My old 30's semi had foundations that would be condemned as totally inadequate today.

Bendy_House

Thanks again you two!

We cannot prove anything regarding the actual build start date at this point, Adrian. It's possible that some local folk will have some recollection, but there is nothing that we are aware of that's actual evidence.

I have no practical concerns about the house, Dave. The owner had the house built for him and his family, and whilst he is the sort of person to be dismissive of authority and their rights to 'tell him what to do', I am confident the actual build is of good quality. The guy has a history of challenging the LA and trying to wrangle planning issues on his land.

Having renovated our last couple of houses, I am fairly switched on about the quality of builds and what signs to look for - I never bothered to have surveys done other than for mortgage reasons - I am also aware that some things can be hidden. Realistically, tho', no-one is going to have a substantial 3-4 bed house built for themselves and skimp on the foundations to a detrimental level, or fit an undersized lintel across a window.

Gulp.

AdrianC

So what are you actually going to gain by getting involved in a heck of a lot of work, expense, paperwork and stress?