Decking planning permission missing

KellieR

Hi 👋 

We are in the process of doing part exchange on our current house for a new build. It has just been highlighted to us that our decking is over 30cm high which means it requires planning permission (who knew!?). The decking was there when we bought the property and we can't see that we were provided with any evidence that planning permission was obtained. Can anyone advise as to what our options are with this? We are up against a tight deadline and have about 6 weeks left to complete so retrospective planning is probably out of the question.

Thanks 😊 

FreeBear

Does the ground slope ?

The 300mm measurement is taken from the highest natural ground level adjacent to the decking. Might be worth going round with a tape and checking.

Don't bother with retrospective planning permission - Your solicitor will be able to arrange indemnity insurance for a few pounds (as long as you haven't contacted the council about it).

Section62

KellieR said:

We are in the process of doing part exchange on our current house for a new build. It has just been highlighted to us that our decking is over 30cm high ...

Who did the highlighting and how did it get noticed?

It would be useful to know whether the developer sees this as a real issue, or if they are just looking to knock a few thousand off what they will pay you for the PX.  Or if they don't know anything about it (yet).

Is the current property (or a neighbouring property) listed, or in a conservation area?

KellieR

Section62 said:

KellieR said:

We are in the process of doing part exchange on our current house for a new build. It has just been highlighted to us that our decking is over 30cm high ...

Who did the highlighting and how did it get noticed?

It would be useful to know whether the developer sees this as a real issue, or if they are just looking to knock a few thousand off what they will pay you for the PX.  Or if they don't know anything about it (yet).

Is the current property (or a neighbouring property) listed, or in a conservation area?

The developers solicitors have raised it in the enquiries, they must have just seen it on the photos I guess as they haven't sent out a surveyor or anything. It isn't listed or in a conservation area. Just a standard 3 bed semi! 

user1977

KellieR said:

Section62 said:

KellieR said:

We are in the process of doing part exchange on our current house for a new build. It has just been highlighted to us that our decking is over 30cm high ...

Who did the highlighting and how did it get noticed?

It would be useful to know whether the developer sees this as a real issue, or if they are just looking to knock a few thousand off what they will pay you for the PX.  Or if they don't know anything about it (yet).

Is the current property (or a neighbouring property) listed, or in a conservation area?

The developers solicitors have raised it in the enquiries

In which case, why isn't your solicitor advising you what your options are?

KellieR

user1977 said:

KellieR said:

Section62 said:

KellieR said:

We are in the process of doing part exchange on our current house for a new build. It has just been highlighted to us that our decking is over 30cm high ...

Who did the highlighting and how did it get noticed?

It would be useful to know whether the developer sees this as a real issue, or if they are just looking to knock a few thousand off what they will pay you for the PX.  Or if they don't know anything about it (yet).

Is the current property (or a neighbouring property) listed, or in a conservation area?

The developers solicitors have raised it in the enquiries

In which case, why isn't your solicitor advising you what your options are?

I have gone back to them asking what our options are and am waiting on a response.

stuhse

Theres a time limit after which planning isnt required...i think its 4 years but not sure. How long have you lived there...how long has the decking been there. ?

KellieR

stuhse said:

Theres a time limit after which planning isnt required...i think its 4 years but not sure. How long have you lived there...how long has the decking been there. ?

We've lived here 18 month and we're unsure how long it's been in place for.

Section62

stuhse said:

Theres a time limit after which planning isnt required...i think its 4 years but not sure. How long have you lived there...how long has the decking been there. ?

There's a time limit after which the local planning authority cannot start planning enforcement, and this is 4 years in many cases (but not all).  However, if the formal planning enforcement process has been started then there is no time limit on that process.

If the OP was in the process of buying this house then the questions to ask the vendor would be when was the decking started and completed, and has the local planning authority started any enforcement action?  As the current vendor the OP would need to be careful responding to those questions (if asked) and be advised by the solicitor.  The offer of an indemnity policy (assuming no ongoing enforcement action) may be the best way of satisfying the developer's solicitors, but again the solicitor should be giving advice on this.

KellieR

Section62 said:

stuhse said:

Theres a time limit after which planning isnt required...i think its 4 years but not sure. How long have you lived there...how long has the decking been there. ?

There's a time limit after which the local planning authority cannot start planning enforcement, and this is 4 years in many cases (but not all).  However, if the formal planning enforcement process has been started then there is no time limit on that process.

If the OP was in the process of buying this house then the questions to ask the vendor would be when was the decking started and completed, and has the local planning authority started any enforcement action?  As the current vendor the OP would need to be careful responding to those questions (if asked) and be advised by the solicitor.  The offer of an indemnity policy (assuming no ongoing enforcement action) may be the best way of satisfying the developer's solicitors, but again the solicitor should be giving advice on this.

Thanks, looks like indemnity is the way to go and hopefully this will satisfy the buyer. No enforcement action is happening and we haven't contacted the council to let them know the situation so hopefully my solicitors will come back with the indemnity option.

ThisIsWeird

Section62 said:

stuhse said:

Theres a time limit after which planning isnt required...i think its 4 years but not sure. How long have you lived there...how long has the decking been there. ?

...the questions to ask the vendor would be when was the decking started and completed...

Always wondered - when does the clock start on the available enforcement time? Ta.