Shall I buy a house with retrospective planning recently refused?

utc25

Hi all,
I am looking to buy a house that seems perfect but with 1 caveat: it just has its retrospective planning permission refused by Council.

I spent a lot of time looking at this house, it even has virtual viewing in 3D, before finally decided to come and view. All seemed perfect. It is a semi detached house, good location near train station in a commuter town. It was a bungalow, but current owner which I gather own the property for less than 10 years had made loft conversion providing 2 bedrooms and bathroom, to make it 3 bedroom house and 2 bathrooms. The roof was converted from hip to gable. The back has also been extended by maximum permitted depth on full width. Open plan kitchen and dining, my family just loved it. It also has large back garden with gazebo and large shed.

EA said it had all planning permission, but caveat emperor buyer should verify all fixture fitting planning etc by themselves in advert.

To my surprise when digging into Council planning register, I found about a week after property went to sale, it had its retrospective planning permission refused. The owner originally got Prior Approval Not Required for rear extension, then Council found out the height of extension is larger than proposed/permitted. Tried to do the same for loft extension with dorm under permitted development, but found out the volume is larger than permitted and issue on material used. The whole thing (rear extension, dormitory, hip to gable) then submitted as retrospective planning as they were all already built. Council refused it. Fresh, only in the last 1-2 months.

Now, I am asking for people opinion on should I buy that property, and if I do buy it how much I prepare to lose money if Council ever makes any enforcement?

The reason for refusal is on the tiles made it completely not matching houses on the street especially on the adjoining semi-detached property. The tiles need to replace are hanging tiles on full-width dormitory, front roof, and hanging tiles on the side (gable). All on about 51 cubic loft conversion. The windows also need replacing for being non-matching. For price tag £525K does it worth to buy and taking the risk of replacing all tiles to comply, or will the Council make enforcement to restore the house as it was with no rear extension, no loft conversion? The property is in the South.

Section62

utc25 said:

Hi all,
I am looking to buy a house that seems perfect but with 1 caveat: it just has its retrospective planning permission refused by Council.

I spent a lot of time looking at this house, it even has virtual viewing in 3D, before finally decided to come and view. All seemed perfect. It is a semi detached house, good location near train station in a commuter town. It was a bungalow, but current owner which I gather own the property for less than 10 years had made loft conversion providing 2 bedrooms and bathroom, to make it 3 bedroom house and 2 bathrooms. The roof was converted from hip to gable. The back has also been extended by maximum permitted depth on full width. Open plan kitchen and dining, my family just loved it. It also has large back garden with gazebo and large shed.

EA said it had all planning permission, but caveat emperor buyer should verify all fixture fitting planning etc by themselves in advert.

To my surprise when digging into Council planning register, I found about a week after property went to sale, it had its retrospective planning permission refused. The owner originally got Prior Approval Not Required for rear extension, then Council found out the height of extension is larger than proposed/permitted. Tried to do the same for loft extension with dorm under permitted development, but found out the volume is larger than permitted and issue on material used. The whole thing (rear extension, dormitory, hip to gable) then submitted as retrospective planning as they were all already built. Council refused it. Fresh, only in the last 1-2 months.

Now, I am asking for people opinion on should I buy that property, and if I do buy it how much I prepare to lose money if Council ever makes any enforcement?

The reason for refusal is on the tiles made it completely not matching houses on the street especially on the adjoining semi-detached property. The tiles need to replace are hanging tiles on full-width dormitory, front roof, and hanging tiles on the side (gable). All on about 51 cubic loft conversion. The windows also need replacing for being non-matching. For price tag £525K does it worth to buy and taking the risk of replacing all tiles to comply, or will the Council make enforcement to restore the house as it was with no rear extension, no loft conversion? The property is in the South.

Only the council would be able to tell you that.

Personally I wouldn't touch a property which has this degree of planning issues.

I'd also swerve on a property where the owner hasn't been up front and open about the ongoing planning issue in the middle of marketing the property.

And what else haven't you found out yet....?

CSI_Yorkshire

Is it worth 525k to buy a house where you might be forced to remove the extension, remove the loft conversion and replace most of the tiles and some windows?

Well I wouldn't buy it.

PeterE17

Don't buy somebody else's problem. 

theoretica

Do you need a mortgage and is it actually mortgageable?

jbainbridge

When was the work completed?

After a certain amount of time (a year?) there’s not much the council can do .. unless it’s unsafe.

utc25

theoretica said:

Do you need a mortgage and is it actually mortgageable?

Hi, yes, I need a mortgage. I researched a bit through property title and found the owner has mortgage on the property, so the answer looks like yes it is mortgageable.

It is also available in reduced price for over 60 (which I am not) schema. Think buyer on this schema is paying rent for life instead of mortgage, cmiiw. 

My experience is surveyor will go and check if the price is justified, but not actually checking on planning permission. Solicitor does it. Or do they these days?

Section62

jbainbridge said:

When was the work completed?

After a certain amount of time (a year?) there’s not much the council can do .. unless it’s unsafe.

Building regulations is a year.

The limit on commencing planning enforcement is generally 4 years, in some cases 10, or if it involves a listed building then unlimited.  Once started there is no time limit.

That the owner has gone through the process of applying for retrospective consent (which has been refused) would imply that the work was done well within the statutory time limit for enforcement action, and an application for retrospective consent was made to fend off enforcement action.

utc25

jbainbridge said:

When was the work completed?

After a certain amount of time (a year?) there’s not much the council can do .. unless it’s unsafe.

I believe from reading those documents from planning register they are quite recent. Rear extension about 4 years ago, and loft extension about 2 years ago. Google Street View with latest 2 years ago still showing no loft extension and plaster on exterior everywhere. Talking about unsafe, what about the building regulation, can it be obtained without planning permission?

user1977

utc25 said:

theoretica said:

Do you need a mortgage and is it actually mortgageable?

Hi, yes, I need a mortgage. I researched a bit through property title and found the owner has mortgage on the property, so the answer looks like yes it is mortgageable.

It is also available in reduced price for over 60 (which I am not) schema. Think buyer on this schema is paying rent for life instead of mortgage, cmiiw. 

My experience is surveyor will go and check if the price is justified, but not actually checking on planning permission. Solicitor does it. Or do they these days?

It was mortgageable when the vendor got their mortgage - it isn't now. 

born_again

utc25 said:

theoretica said:

Do you need a mortgage and is it actually mortgageable?

Hi, yes, I need a mortgage. I researched a bit through property title and found the owner has mortgage on the property, so the answer looks like yes it is mortgageable.

It is also available in reduced price for over 60 (which I am not) schema. Think buyer on this schema is paying rent for life instead of mortgage, cmiiw. 

My experience is surveyor will go and check if the price is justified, but not actually checking on planning permission. Solicitor does it. Or do they these days?

While the owner may have a current mortgage, when you come to get one & the lender finds out about the "retrospective planning permission refused by Council" you may well find the valuation is Zero.
They will not lend on a property where there is the possibility of some of the work being removed. Which will affect the valuation.