Garage not on title plan!

c9roline

greatcrested said:

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?

Thanks and no not specifically. Our solicitor is aware and hasn’t mentioned anything.. we got an update earlier from the estate agent to advise the vendor is ‘dealing with it’ but not sure what that means! 

Jeepers_Creepers

greatcrested said:

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

Curious - what could indemnity insurance cover in such a case as this? It couldn't be used to alter the Planning Dept's decision should they say "Take it down", so i'm guessing it's to provide a compensatory sum for the lack of garage? 

Ta.

hazyjo

Might need a deed of rectification or variation. Had something similar.

c9roline

hazyjo said:

Might need a deed of rectification or variation. Had something similar.

Thank you! How long would this take, typically? 

greatcrested

Jeepers_Creepers said:

greatcrested said:

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

Curious - what could indemnity insurance cover in such a case as this? It couldn't be used to alter the Planning Dept's decision should they say "Take it down", so i'm guessing it's to provide a compensatory sum for the lack of garage?

OK you got me! Not sure. I assume either legal/other costs to contest any enforcement action, and/or compo for loss of garage.

davidmcn

Jeepers_Creepers said:

greatcrested said:

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

Curious - what could indemnity insurance cover in such a case as this? It couldn't be used to alter the Planning Dept's decision should they say "Take it down", so i'm guessing it's to provide a compensatory sum for the lack of garage?

It would cover the costs incurred if the planners took an interest - in practice, a retrospective planning application (or perhaps challenging enforcement action), and ultimately compensating the owner for any loss in value to the property if the garage had to be removed.

hazyjo

c9roline said:

hazyjo said:

Might need a deed of rectification or variation. Had something similar.

Thank you! How long would this take, typically? 

Prob best to find out if it would be applicable in this case.

If so, hate to say it, but probably at best weeks, at worst months! Added 2-3 months to mine as there was lots of faffing around. They refused an indemnity policy, but that might be an option for you. That'll be very quick.