Retrospective planning permission on a conservatory?

TN1984

We are in the process of selling our property in the middle of a small chain of 3. We have already had another buyer's solicitor go through the conveyancing process on our property earlier this year without raising any problems. That sale fell through shortly before exchange though as the buyer lost their job, but as one solicitor had already looked at it we were hoping that was indicative there were no issues.

However, the new buyers’ solicitor has queried the conservatory we had built in 2018. We had it done by a reputable local company who had an independent surveyor assess the work as well as their salesman, and they told us (also in writing) no building regulation / planning permission was needed, which I understand was because the size/nature of it fell within permitted development rights. This is what I therefore passed on to the buyers’ solicitor, who have now come back to say they disagree as in their view the planning consent for the development granted just over 10 years ago removed permitted development rights. Therefore, they want us to obtain retrospective planning permission.

I have asked my solicitor already to look this over and I am waiting on him to advise a) if this is correct and b) what to do next, but as there is a lot of knowledge/experience on this forum, I was also wondering if anyone here has experience of being in this position and what happened.

If it is correct, I don’t see I have any choice but to try to get retrospective planning consent now I am aware of it, and we are not going to be able to move without it. This doesn’t feel like it is going to be a quick/easy process though? And presumably the worst case scenario is I’m told to take it down! Hopefully that is unlikely given there is nothing about it, in my view at least, that could be objectionable, but you never know.

Are there any other options to not scupper/delay our move? Their solicitor seems to think an indemnity is not possible, though I do not currently understand why.

If it does ultimately impact on our ability to move, do I have any comeback on the company that installed it? They told me it falls within permitted development rights, but was it their responsibility or ours to check if those rights actually applied? I feel like it is theirs as they were the ones we employed to advise us and check the necessary permissions, but then again I have no idea if the law agrees with me on that.

Any and all suggestions appreciated! After having a previous sale fall through we were hoping this one would be nice and smooth. 

davidmcn

If consent was needed at all, just get an indemnity policy. No point stirring things up with the council (and delaying the whole process until you get their decision).

TN1984

davidmcn said:

If consent was needed at all, just get an indemnity policy. No point stirring things up with the council (and delaying the whole process until you get their decision).

I would be happy to do so, but their solicitor in raising the issue has said 'The conservatory was built in 2018 and therefore it is not possible to obtain indemnity insurance. There is a risk of enforcement and therefore we must insist on retrospective planning consent being obtained.'.

I know nothing at all about these insurance policies, so I don't understand why it is (apparently) not an option here. Is he wrong and we could get an indemnity policy? That said, if they dig their heels in and insist on retrospective consent as is their right I guess, whether I can get a policy or not becomes irrelevant.

eddddy

Firstly, have you double-check the planning consent for the development to see if there is a planning condition removing permitted development rights?

If so, perhaps there are 2 choices:

• Apply for retrospective planning consent (and maybe risk it being refused)
• Keep quiet for a total of 4 years from the date the conservatory was completed. Hope that nobody complains to the council. Then maybe get a 'certificate of lawfulness'.

As for the conservatory company... it depends exactly what they said. Was it a letter specifically to you about planning consent, or was it something generic in their brochure?  For example, it's true to say that building a conservatory at the back of your house falls under "Permitted Development Rights". But your property has permitted development rights removed. Either way, I suspect that would turn into a very big fight - possibly ending in court.

macman

It was built in 2018, so the council can enforce PP up to 4 years later. I'd be far more concerned about the lack of BR: this work must have involved structural work, for which BR is required. Was part of the external wall removed?
It is your responsibility as owner to ensure that the necessary permissions are obtained. You can't palm it off onto your contractors, though you could sue them in turn if they have been negligent.

davidmcn

TN1984 said:

davidmcn said:

If consent was needed at all, just get an indemnity policy. No point stirring things up with the council (and delaying the whole process until you get their decision).

I would be happy to do so, but their solicitor in raising the issue has said 'The conservatory was built in 2018 and therefore it is not possible to obtain indemnity insurance. There is a risk of enforcement and therefore we must insist on retrospective planning consent being obtained.'.
I know nothing at all about these insurance policies, so I don't understand why it is (apparently) not an option here.

Insurers normally want a minimum period of time to let the dust settle before they consider it safe enough to assume the council aren't about to knock on your door, but I think insurance should be possible after a couple of years. Yes, there is still a theoretical risk of enforcement, but the point of insurance is that the insurers take on the risk.

eddddy

Perhaps the buyer's concern is... if there's enforcement action, the conservatory might have to be demolished. The indemnity policy would probably cover the costs of demolition, and compensate the buyers for the loss of the conservatory.

... But they would be left with a house with no conservatory. They may not want the house if it has no conservatory - so they don't want to take that risk. (Although, in reality, it might be a very small risk.)

TN1984

eddddy said:

Firstly, have you double-check the planning consent for the development to see if there is a planning condition removing permitted development rights?

If so, perhaps there are 2 choices:

• Apply for retrospective planning consent (and maybe risk it being refused)
• Keep quiet for a total of 4 years from the date the conservatory was completed. Hope that nobody complains to the council. Then maybe get a 'certificate of lawfulness'.

As for the conservatory company... it depends exactly what they said. Was it a letter specifically to you about planning consent, or was it something generic in their brochure?  For example, it's true to say that building a conservatory at the back of your house falls under "Permitted Development Rights". But your property has permitted development rights removed. Either way, I suspect that would turn into a very big fight - possibly ending in court.

I have looked and there is a comment about certain rights being removed as a condition of planning permission, but there are references to different clauses and legal terms I do not understand. I have asked my solicitor to confirm whether he agrees with their solicitor.

If this is a problem, we need to get it sorted out as we would really like to move, and I don't want to wait around years hoping for the best. The company gave me a specification for our conservatory, with various comments, dimensions, what windows to have etc, and on that specification they had ticked the 2 boxes to say 'no' in reference to building regulations/planning permission being needed.

TN1984

macman said:

It was built in 2018, so the council can enforce PP up to 4 years later. I'd be far more concerned about the lack of BR: this work must have involved structural work, for which BR is required. Was part of the external wall removed?
It is your responsibility as owner to ensure that the necessary permissions are obtained. You can't palm it off onto your contractors, though you could sue them in turn if they have been negligent.

The external wall itself was not altered. The previous door to the outside was replaced with a sliding door as opposed to one that opened outwards, as we felt this would make the space feel more open, however, the door was fit to the same size as the previous door frame.

I understand your last point but I suppose I was (perhaps naively) thinking I was paying a company to advise me on these matters, on which I personally have expertise.

davidmcn

TN1984 said:

macman said:

It was built in 2018, so the council can enforce PP up to 4 years later. I'd be far more concerned about the lack of BR: this work must have involved structural work, for which BR is required. Was part of the external wall removed?
It is your responsibility as owner to ensure that the necessary permissions are obtained. You can't palm it off onto your contractors, though you could sue them in turn if they have been negligent.

I understand your last point but I suppose I was (perhaps naively) thinking I was paying a company to advise me on these matters, on which I personally have expertise.

They flog conservatories, I doubt you can treat any comments they made as being as reliable as those from, for example, planning consultants. Anyway, you haven't suffered any material loss (so far) so I'm not sure what you'd be suing them for.

TN1984

davidmcn said:

TN1984 said:

macman said:

It was built in 2018, so the council can enforce PP up to 4 years later. I'd be far more concerned about the lack of BR: this work must have involved structural work, for which BR is required. Was part of the external wall removed?
It is your responsibility as owner to ensure that the necessary permissions are obtained. You can't palm it off onto your contractors, though you could sue them in turn if they have been negligent.

I understand your last point but I suppose I was (perhaps naively) thinking I was paying a company to advise me on these matters, on which I personally have expertise.

They flog conservatories, I doubt you can treat any comments they made as being as reliable as those from, for example, planning consultants. Anyway, you haven't suffered any material loss (so far) so I'm not sure what you'd be suing them for.

Of course, I was only thinking about a worst case scenario.