Indemnity - Sellers didn’t get planning permission

Doozergirl

I'm with prince of pounds.   "Would have" is far too ambiguous.  Have they been removed or not?  It should be in the original planning permission.  There are different classes of PD covering different parts of the property.  It's my understanding that it's unusual to withdraw all of them - even a garden shed needs planning permission if they remove all of them! 

CodeMatcha

macman said:

What they are referring to is an 'Article 4' direction, which removes your rights normally allowed under PD. Check to see if that is in place for your estate. These are usually reserved for Conservation Areas, rather than new-build estates. On that basis, I'd expected the issue to be a covenant prohibiting certain types of extension to the property.
They LA can enforce up to 4 years from the date of the works, so you do need to resolve this.

Thanks, I did some research and this is exactly what the issue is. 

Doozergirl

Is it a conservation area?  If it is, there should be a copy of the Article 4 for the specific conservation area on the local authority website.  They are not all the same.  The last house we worked on in a conservative had restrictions on highway facing elevations only.  Rear extensions were covered by PD as usual.  

Irishpearce26

You will have to tread carefully here. As soon as you notify the council that the property has an extension without PP you will not be able to get indemnity insurance. Has the current owners got indemnity already as it covers the house not the person who took it out so it stays with the house when its sold. Personally I would find an extension without PP risky with kids involved. Tough decision.

davidmcn

Irishpearce26 said:

Personally I would find an extension without PP risky with kids involved.

What on earth have kids got to do with the planning permission?

teachfast

davidmcn said:

Irishpearce26 said:

Personally I would find an extension without PP risky with kids involved.

What on earth have kids got to do with the planning permission?

If the extension has to go the room for the kids is gone, which they stated is the reason for buying it.

Cakeguts

I am in an article 4 conservation area and PD rights are removed.  You need planning permission for any extensions.

Swasterix

Mickey666 said:

Firstly, I understand your point of principle that the vendor should pay for the indemnity policy and I agree that they should.  But they don't HAVE to.   However, I really don't think this is a big issue either way.  £200 is peanuts and I wouldn't waste too much time worrying about it.  Are you REALLY prepared to lose the house over £200?

What would worry me is the lack of PP.  In that respect I'd want to read the proposed indemnity policy VERY carefully to find out EXACTLY what it covers.  For example, what if the extension DOES need PP and what if the council WON'T grant retrospective PP?  Suppose they issue some sort of demolition order?  How would the indemnity policy protect you from all that?

So, forget the £200 and decide what you're going to do about the PP position.  Seems to me you have three options:
1. Buy the house and the insurance policy but be prepared for upheaval in case the council finds out your new house has no PP for the extension.
2. Ask the council to confirm if the extension needs PP and would they be prepared to grant retrospective PP
     2A - Yes, then buy the house and apply for retrospective PP
     2B - No, then walk away
3.  Walk away

PS: presumably the extension has no building regs certificate either.  How can you be sure it conforms to the building regs?  if it doesn't in any significant way it might be impossible to get retrospective PP

Do not chose option 2 if you want to have any hope of getting indemnity insurance. If you get in touch with the council, you will not be able to get an indemnity policy. Nor will the vendor or any other potential buyer for that matter.