Planning permission issue - buying a house

liberty_lily

user1977 said:

I would be asking the seller to seek a variation to cover both points. You're not likely to get indemnity insurance to cover something this recent.

We got indemnity insurance on work carried out inside twelve months (six in fact)...it was just more expensive. 

Gavin83

If the vendor/vendors solicitor are so sure it’s fine then speak to the council. If they say it’s fine then you’ve got your answer. If they decide to take enforcement action then you know the vendor was lying and you’ve dodged a bullet.

user1977

liberty_lily said:

user1977 said:

I would be asking the seller to seek a variation to cover both points. You're not likely to get indemnity insurance to cover something this recent.

We got indemnity insurance on work carried out inside twelve months (six in fact)...it was just more expensive. 

For what type of risk?

Bendy_House

Hasn't it been signed-off by Building Control? I know that is different to 'Planning', but a BCO should be aware of the proposed design, and be able to see something pretty obvious. Eg, if the roof was a foot too high, or walls/windows in a different place.

I was going to suggest what Gavin said. Make this a fait accompli - ask/inform the council, and see what they think.

Find the Planning Application details on their Planning Portal, print off a copy, add in a contrasting ink all the changes you are aware of, and walk in to the council offices and ask to speak to a Planning officer. Bring a book with you to read...

They can be very helpful, and in our experience P O were 'happy' to come out and have a quick chat.

I'd hope they'd be able to say either, "It would appear to be minor, but I cannot give 100% assurance of this. If they apply for a - what'sitcalled - minor works revision or summat, then it should be passed ok.", or "OHHH MAAA GAWWWWD - What HAVE they done!"

If the latter lands the seller in the poo, then - frankly - great.

I cannot bear the arrogance of folk who think it's ok to change approved plans without permission, and - when it comes to selling - just shrug and say "I'm doing now't about it - you fill yer boots/take the risk, if you like."

Just complete a'oles.

Did the SIP mention any breach of Planning or BC they 'are aware of'? If not, they are double-a'oles.

Based on what Planning says, I'd likely be inclined to pass the buck back to the vendor - tell them they submit for a revision, or you'll pull out. And you contact the EA by email and explain why - and how they now know that there's an issue.

I have to say, tho', that based on what you've described, they do appear to be very minor and of little/no concern to planning. If the windows don't affect anyone's privacy, for example, or if the front area can be reinstated if needed. Could the front even be tackled by adding large planters with greenery?

Titus_Wadd

The reality of our house and a few others built by the same builder which don't match the permitted drawings and conditions within the permission with some major departures from the plans has bee diddly squat!

The local planning authority has no appetite to enforce anything.  We have the main bedroom and en suite reversed meaning the frosted glass which should be at the side overlooking other homes is now at the opposite side, facing the neighbours gardens and more importantly the sea view.  The huge stair well window (also with sea view should be frosted glass too but isn't.

The other houses have similar clear/frosted windows switched (more sea views).  One roof has an unauthorised  dormer - perhaps so that the xmas decs can see the sea when they're stored up there...nothing to do with converting it the another bedroom on the quiet, I'm sure!

Each LPA publishes an enforcement register, just go to your local council website and search for "planning enforcement register" to browse you council's register; it might throw up action taken against nearby breaches and possibly would reveal whether or not your LPA is as half-hearted as ours.  It's something you can research without tipping them off, but no guarantees they won't issue a breach of condition notice.