Planning permission on an old property

greatcrested

You only need to do as the council suggested if you want to provide the infomation for this dumb buyer.

Just tell the buyer the build was 0 years ago so there's no PP. He can buy or not buy.

Give a 48 deadline for him to confirm he's happy to continue and then re-market the property

Freecall

Emiemigro said:

Thanks for your comments - the council have informed me there’s no planning applications for our house so we have to provide evidence that the additions have been here for longer than 4 years, and then apply for a lawful development certificate (god knows how long that will take) so I’m a bit peed off to be honest! But never mind. 

The direct answer is no more than 12 weeks (with most LPA's it will be almost exactly 12 weeks).

But really!  The whole request is ridiculous.  Have the buyer speak with their solicitor.

FreeBear

Emiemigro said: - the council have informed me there’s no planning applications for our house so we have to provide evidence that the additions have been here for longer than 4 years, and then apply for a lawful development certificate (god knows how long that will take) so I’m a bit peed off to be honest! But never mind. 

So you made enquires about specific changes to the property.... In all probability, you wouldn't get indemnity insurance now (not that it is really worth it in most cases).

Emiemigro

This is what the council said 

“I have had a look at the planning history for your property and unfortunately there is not any planning history available for this site. 

Extensions and dormer extensions can be constructed without planning permission providing they meet certain limitations. More information on this can be found online at the Planning Portal > https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.planningportal.co.uk%2F&data=02%7C01%7C%7C1506759bf53e4977a25f08d812a0445c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637279827234190070&sdata=UQUmd8inVan2%2BO%2FVtCtQVTrGeNi8Mdb3KojOOBJeEL8%3D&reserved=0. 

Alternatively, if the extensions/additions to the property have been constructed for a period of over 4 years and there is evidence to back up this claim, then enforcement action cannot be taken against the property. A retrospective Lawful Development Certificate could be applied for with sufficient evidence submitted to support the claim that the extension/dormer extension have been constructed and completed for longer than a period of 4 years. 

I have attached the pricing schedule, application form and information note for a Lawful Development Certificate if this is of interest.’

so it’s optional? And they can’t do anything if we decide not to go for a lawful development certificate? 

AdrianC

"A retrospective Lawful Development Certificate could be applied for..." "...if this is of interest"

It doesn't say it MUST be. The previous sentence says "Nowt we can do about it".

lincroft1710

Emiemigro said:

This is what the council said 

“I have had a look at the planning history for your property and unfortunately there is not any planning history available for this site. 

Extensions and dormer extensions can be constructed without planning permission providing they meet certain limitations. More information on this can be found online at the Planning Portal > https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.planningportal.co.uk%2F&data=02%7C01%7C%7C1506759bf53e4977a25f08d812a0445c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637279827234190070&sdata=UQUmd8inVan2%2BO%2FVtCtQVTrGeNi8Mdb3KojOOBJeEL8%3D&reserved=0. 

Alternatively, if the extensions/additions to the property have been constructed for a period of over 4 years and there is evidence to back up this claim, then enforcement action cannot be taken against the property. A retrospective Lawful Development Certificate could be applied for with sufficient evidence submitted to support the claim that the extension/dormer extension have been constructed and completed for longer than a period of 4 years. 

I have attached the pricing schedule, application form and information note for a Lawful Development Certificate if this is of interest.’

so it’s optional? And they can’t do anything if we decide not to go for a lawful development certificate? 

I paraphrase the council's reply to be "Unless we can get some ******* money out of you, we're not ****** interested!"

davidmcn

Emiemigro said:

so it’s optional? And they can’t do anything if we decide not to go for a lawful development certificate? 

If by "they" you mean "the council", not only can they not lawfully do anything, they'll have absolute no desire to suddenly take an interest in minor alterations from half a century ago (and incidentally you should note that the relevant planning rules are those which applied when the works were done, not the current rules).

You are having your time wasted by a daft query from a potential buyer who knows no better.

Emiemigro

Thanks all... so basically the council can’t really do anything because it was over 50 years ago and we can choose the apply for the certificate if we really want to? 

davidmcn

Emiemigro said:

Thanks all... so basically the council can’t really do anything because it was over 50 years ago and we can choose the apply for the certificate if we really want to? 

I think we've already answered this, but for the avoidance of doubt there is absolutely no need for you or your purchaser to be bothered about this in the slightest. Nobody goes around getting lawful development certificates for this sort of thing.

snowcat75

Emiemigro said:

Thanks all... so basically the council can’t really do anything because it was over 50 years ago and we can choose the apply for the certificate if we really want to? 

Even from 4 years ago they wouldn't, and even then a lot of dormers fall under PD not planning, Really this should be the stuff your solicitor should be dealing with, basic rule of thumb is with planning and regs anything from over ten years becomes historic, It really is best not to start mudding the water with well emm err this was done in 58, this was done in 74, and ermm this was done early 90s im not sure what certs we got etc etc it will just make a rod for your own back, because if its on 100 year house on 12" of footings and there's a crack down the gable wall that a cat can fit through its all irrelevant, if houses simply were "good" because of the regs at the time then surveys would not be needed.