Certificate of Lawfulness - Where to Start?

em74

Hi,
I have a house that has a roof extension that is bout 50 years old with another bedroom - done well before I was born and I'm now looking to sell.
I understand some people think applying for a certificate of lawfulness due to the 4 year rule and that an indemnity policy would be sufficient, but I'd like things to go as smoothly as possible and put a potentially nervous buyer at ease.

However, I have been told that building regs and planning permission have considerably changed since then and at the time of buying, we were told it was done under permitted development.  So, what I'd like to know is:  if we applied for a certificate, would they still pass it, providing I have sufficient evidence to prove it's been there a long time and has the same use?  I know this this may sound a silly question, but I obviously don't want it to be rejected.

Also, would I really need an architect to help draw plans on something that already exists or would I need to use a solicitor to help apply?  Is this something fairly easy to apply for?  *I see on my research, many architect websites say it's a complex process to fill in, but I wonder if this is just to frighten people.

I'm also concerned about ringing and asking the council for advice if someone does want to take up an indemnity policy later, as I don't want to make it void.

Thanks,
Em

davidmcn

Have you spoken to your solicitor about this yet? Do you even have a potential buyer? It seems ridiculous to be trying to "legalise" works done half a century ago. Nobody with any sense is going to be demanding you sort it out in any way.

Falafels

My house has an extension for which planning permission was granted in 1967, along with building regulations approval for the same year. They are both on very scruffy pieces of paper written with an old fashioned manual typewriter - and that's it! To cap it all, there have been many more houses built on this road since then; they have all been renumbered and so the address shown on the paperwork is different to the house number I actually have.

I'm absolutely positive that it would not be up to current Building Regs, but this is not a requirement. If it were, we'd be continually demolishing and rebuilding our houses. 

It has never been a problem at all, either with my own purchase or my own sale.

If you have any documentary evidence at all relating to this extension, I'm sure that will be sufficient.

em74

davidmcn said:

Have you spoken to your solicitor about this yet? Do you even have a potential buyer? It seems ridiculous to be trying to "legalise" works done half a century ago. Nobody with any sense is going to be demanding you sort it out in any way.

Well, let's imagine I do have a buyer right now and they are being ridiculous about it.  Due to the possible 8 weeks of time it apparently takes (which may be even longer right now due to Covid), wouldn't it be best to be proactive about it now?
I've certainly heard of people being petty and pulling out over things like these.

davidmcn

em74 said:

davidmcn said:

Have you spoken to your solicitor about this yet? Do you even have a potential buyer? It seems ridiculous to be trying to "legalise" works done half a century ago. Nobody with any sense is going to be demanding you sort it out in any way.

Well, let's imagine I do have a buyer right now and they are being ridiculous about it.  Due to the possible 8 weeks of time it apparently takes (which may be even longer right now due to Covid), wouldn't it be best to be proactive about it now?
I've certainly heard of people being petty and pulling out over things like these.

If a buyer gave something like this as the reason for pulling out, I'd strongly suspect it was just an excuse and they had got cold feet for some other reason. Are you sure that the alteration even needed planning permission at the time?

Out of interest, how old is the remainder of the house, and what paperwork do you have for its construction?

DoaM

If a prospective buyer is going to be antsy about work completed 50 years ago then perhaps you should find another buyer ... this is likely to be only the tip of the iceberg of "problems and issues" that this buyer will look for, with a view to pushing down the price of the property once you're well along the path with the transaction and have incurred costs.

davidmcn

In fact, if there has been a very recent application for a certificate of lawfulness, that itself might create a suspicion that the works aren't as historic as you claim, and then people might start digging around for other (irrelevant) points like building regulation compliance (and as you've already figured out, the fact you've rattled the council's cage means you then couldn't get an indemnity policy about building regulations...).

em74

davidmcn said:

In fact, if there has been a very recent application for a certificate of lawfulness, that itself might create a suspicion that the works aren't as historic as you claim, and then people might start digging around for other (irrelevant) points like building regulation compliance (and as you've already figured out, the fact you've rattled the council's cage means you then couldn't get an indemnity policy about building regulations...).

I'd also like to know, if we did contact the council regarding any questions at some stage, is there a time limit on this where it would be no longer void?  Or would it be void forever?

Falafels

I really wouldn't give it a second thought, Em! In the very unlikely event it would be a problem, your solicitor would flag it up with you and could advise what to do. Mine has never been a problem and, believe me, there have been a lot of historic nightmares associated with this property which have caused all sorts of alarm and despondency!

davidmcn

em74 said:

davidmcn said:

In fact, if there has been a very recent application for a certificate of lawfulness, that itself might create a suspicion that the works aren't as historic as you claim, and then people might start digging around for other (irrelevant) points like building regulation compliance (and as you've already figured out, the fact you've rattled the council's cage means you then couldn't get an indemnity policy about building regulations...).

I'd also like to know, if we did contact the council regarding any questions at some stage, is there a time limit on this where it would be no longer void?  Or would it be void forever?

From the point of view of indemnity insurers? I think they'd want at least a year to pass with no sign of any enforcement being threatened.

happysellerbuyer

Don't contact the council. You may not get an indemnity insurance if buyer demands it.