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Decking planning permission missing

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  • Section62
    Section62 Posts: 9,552 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    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.

    In this case it would normally be when the works are "substantially completed".  But if the start of the work was a very long time before completion then arguments could be made about when 'substantial completion' actually took place.
  • stuhse
    stuhse Posts: 303 Forumite
    Third Anniversary 100 Posts Name Dropper
    KellieR 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. ?
    We've lived here 18 month and we're unsure how long it's been in place for.
    Might be worth contacting the people you bought from--if they can evidence its construction via a receipts or photos.
  • Section62
    Section62 Posts: 9,552 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    stuhse said:
    KellieR 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. ?
    We've lived here 18 month and we're unsure how long it's been in place for.
    Might be worth contacting the people you bought from--if they can evidence its construction via a receipts or photos.
    I would wait until the developer or their solicitor asks for this information before doing that.

    More likely they either won't be bothered about the planning issue, or they will just ask for an indemnity policy.  Even with the evidence (if any) of construction date, if the council became aware and started planning enforcement action then the owner at the time would have the hassle of dealing with the council and providing this evidence.  An indemnity policy would pass that responsibility onto the insurer, so is the path of least resistance.
  • diggingdude
    diggingdude Posts: 2,492 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    The good news is if it becomes a real problem, a saw and some matches will solve it 
    An answer isn't spam just because you don't like it......
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