Selling property - planning/legal questions about kitchen ext, conservatory and decking

niceguyed

Hi everyone, we're in the process of putting our property on the market (appointed agent) which we purchased in 2011. I'm trying to anticipate any potential legal issues regarding an existing extension, existing conservatory and rear garden decking we installed in 2012. This all came about because the agent saw there was a radiator in the conservatory which they said would mean the conservatory would have needed planning permission to have turned it into a habitable space.   I'm much less experienced in these areas so wondered if I could trouble the forum for their views.

It has a single story rear kitchen extension that extends 2.5m with a pitched roof (built 1997).  I have a building  certificate of completion from the local authority signed off in 1997.  No issues were raised by my solicitor on purchase.  I'm assuming this would have been built under permitted development but I can find no evidence of prior approval in my paperwork. Should I be worried? Our solcitor at the time raised no query with this.  

 A conservatory built next to the kitchen extension  (built 1997). Again, I'd assumed this was built under permitted dev but had no idea that a rad connected to our main boiler effectively turned this into a habitable space (installed by previous owner).  I'm wondering practically/legally what stumbling block this could bring?  I suppose it would be easy enough to cap off the radiator but do you think this is an issue a solicitor would pick up on? (ours certainly didn't).

Raised decking built in 2011, our house is on a slope (sloping downwards towards the garden).  So the rear decking was added to match the height of the conservatory doors.  It is however 47cm off the ground level and finished 67cm off the ground level.  At the time we naively and wrongly thought it would meet the permitted dev criteria and so did our installer.  Hold my hands up, I was wrong and we would have needed planning permission.  My understanding now (from reading around the forum) is  it has been in situ for 8 years, and so becomes immune from enforcement action. I believe the worst that could happen is I could be asked to apply for a Lawful Development Certificate, where the onus would be on me to show it has been up for that long.  All I have is pictures of my son when he was a toddler playing on it, and various time stamped social media posts!  Again, have I missed something here that's going to bite me?

Thanks so much. 

AdrianC

There's a time limit beyond which no enforcement can be taken by the local authority for lack of planning permission or building regs sign-off.

You are WAY outside that, so there's nothing that anybody can do about any of those things.

A buyer might raise an eyebrow, but there's absolutely nothing that can land on their heads...

Section62

niceguyed said:

My understanding now (from reading around the forum) is  it has been in situ for 8 years, and so becomes immune from enforcement action.
 

For planning purposes that isn't quite true.

For completeness, there are circumstances in which the usual time limits for enforcement action don't apply - e.g. if the work is within the curtilage of a listed building (or affects one), certain works involving demolition within conservation areas, in cases where there has been 'concealment', and in cases where an enforcement notice has already been served.

The time limit (from what you've described in this case that could be up to 10 years) has to have passed AND the other considerations mustn't be applicable, before the local planning authority is barred from enforcement action.

Unless you are absolutely sure that none of the factors apply, it is safer to think of enforcement action as being practically very unlikely after the elapse of so much time, rather than being 'immune' from enforcement.

Sistergold

When the time comes rather than making a fuss just get an indemnity insurance for those things? I don’t see any reasonable buyer making a fuss about decking and conservatory! 

niceguyed

Many thanks for the replies, indemnity insurance had crossed my mind if it comes to it. But it's good to get others views and it sounds like nothing to worry about, I'll also double check with our solicitor when we appoint one and report back if anything does crop up. 

eddddy

Hopefully, this is a sign of a very good, diligent estate agent.

Ideally, the estate agent will 'gently' warn anyone who makes an offer, that their solicitor might raise these things as issues - and explain in advance about enforcement periods, indemnity insurance.

That's better than a prospective buyer finding out for the first time, by getting a 'scary sounding' letter from their solicitor - with a list of problems.

... and then the buyer saying they want to reduce their offer, because of all these problems which they didn't know about.



I've even come across estate agents who would explain the situation to buyers and then say something like "it's up to you whether you mention the decking to your solicitor. If you do it might delay things with further enquires, requests for indemnity insurance, etc. So if you're happy with the situation, it may be simpler not to mention it."  (But then the mortgage valuer might spot it and tell the solicitor anyway.)

Irishpearce26

I may be wrong but I think the planning consent for a conservatory is based on the overall sq. footage and if it is blocked off by locked doors e.g. French doors etc. I don't think the fact it has a radiator makes a difference. Im not an expert so worth doing some checks first.

Also an indemnity would be pointless as theses are outside the window of enforcement, an indemnity just protects you from any legal enforcement.

eddddy

Irishpearce26 said:

Also an indemnity would be pointless as theses are outside the window of enforcement, an indemnity just protects you from any legal enforcement.

The mortgage lender might insist on indemnity insurance. If that's the case, if the buyer wants a mortgage, they have to buy indemnity insurance.