Garage not on title plan!

c9roline

Hi all, I would appreciate any advice.
We are in the later stages of selling our home and buying a new build (not new in the normal sense as is one year old and has been rented)..

The house has a detached garage to the front/side of the house and this is not on the plans. Turns out it’s because it was built as an ‘add-on’. Their solicitor says it didn’t need any planning permission but our surveyor says it would need planning as it’s not permitted development due to the location. 

Our solicitor has raised it and we haven’t heard anything back for a week but as we we’re looking to complete before Christmas we are worried now how this gets resolved and how long it might take! 

Any thoughts?? Thank you!

greatcrested

Is this on your currnt property or your purchase? I'm guesing it's your sale.

Is the garage within the boundary of the property as per the plan?

How long ago was it built?

davidmcn

Can be sorted almost instantly if it can be covered by indemnity insurance, could take however long planning applications are currently taking if it needs a retrospective application.

c9roline

greatcrested said:

Is this on your currnt property or your purchase? 

Sorry, the purchase. It’s just over 12 months old.

greatcrested

What are the time limits for taking enforcement action?

In most cases, development becomes immune from enforcement if no action is taken:

• within 4 years of substantial completion for a breach of planning control consisting of operational development;
• within 4 years for an unauthorised change of use to a single dwellinghouse;
• within 10 years for any other breach of planning control (essentially other changes of use).

These time limits are set out in section 171B of the Town and Country Planning Act 1990.

https://www.gov.uk/guidance/ensuring-effective-enforcement#planning-enforcement--overview

So as david says the options are retrospective perimission - which might be refused forcing the garage to be removed - or indemnity insurance.

Neil49

As it's almost a new build the building company should have been contacted for initial approval (or denial) for any such work to be done. We are in a new build and part of the purchase agreement includes the requirement for us to contact them for any work such as adding a conservatory, or even an external television aerial.

If possible it could be worth contacting them to check this out in addition to what has been mentioned above. Either way this needs to be resolved asap. 

c9roline

Forgot to add. We are buying it directly from the developer so we are hoping he is still able to be proactive in getting this sorted out... it’s all gone quiet the past week unfortunately.

kirtondm

Other option would be to revise offer to take into account the value with no garage

mrschaucer

c9roline said:

Forgot to add. We are buying it directly from the developer so we are hoping he is still able to be proactive in getting this sorted out... it’s all gone quiet the past week unfortunately.

So the developer built the garage as an "add on" on a whim?  Have you looked at the original planning permission for the site?

c9roline

mrschaucer said:

c9roline said:

Forgot to add. We are buying it directly from the developer so we are hoping he is still able to be proactive in getting this sorted out... it’s all gone quiet the past week unfortunately.

So the developer built the garage as an "add on" on a whim?  Have you looked at the original planning permission for the site?

No, our house and next door were the last 2 built. We have only seen the plot layout for our house, without the garage. The plot is at the end, corner plot so the garage isn’t out of place visually but it’s just not been planned for from what we can see. I’m hoping it’s something he can solve with the person who was responsible for the development sign off etc but not sure how long these things take! Guess we will have to wait and see!

greatcrested

c9roline said:

mrschaucer said:

c9roline said:

Forgot to add. We are buying it directly from the developer so we are hoping he is still able to be proactive in getting this sorted out... it’s all gone quiet the past week unfortunately.

So the developer built the garage as an "add on" on a whim?  Have you looked at the original planning permission for the site?

... We have only seen the plot layout for our house, without the garage. ...

By 'plot layout' do you mean the planning consent?

Have you checked the council planning website?