Have I made a mistake contacting building control about planning ?

Skint_yet_Again

My dad passed away the beginning of August. We are going to have to sell the house. It has a third bedroom loft conversion done in the 1970’s. We cannot find the plans etc. I phoned and spoke to planning and they have told me how to look in the archive. I contacted building regs and they told me to email which I did. They replied that they have no records prior to 1994. 

I was thinking I was doing the right thing trying to see if it had planning to sell as a 3 bed rather than a 2 bed with loft room. I did not realise that this could affect any sale and invalidate any attempt to use indemnity insurance if required by a buyers mortgage company. 😔

Can anyone tell me if I have made a huge mistake? How will this affect the sale? Should I just forget it and sell as 2 bed? Any help appreciated. I am devastated 😢

user1977

I'd hope no (sensible) buyer would expect you to produce paperwork from the 1970s, given that (as you've discovered) some councils don't even have archives going back to then. I wouldn't worry about it.

Chief_of_Staffy

After more than one experience of going the extra mile to be upfront and helpful and it resulting in a faceful of a mudlike substance, I now treat house sales like a police interview. Reveal the bare minimum needed for compliance and let them do the rest. In this instance that doesn't really apply, as you got no information, so just market it in good faith as what it looks like - a three bed house - and if someone provides evidence that it's not, change it to two.

(I've never been interviewed by the police, but if I were, that would be my game plan)

Skint_yet_Again

Thank you @user1977 and @Chief_of_Staffy

The estate agent has said they cannot market as a 3 bed without evidence of planning. Valuation was £155,000 for 2 bed or £170,000 for 3 bed. 

Not sure what to do now? Have already spoken to planning so is this going to affect anything? 

Chief_of_Staffy

Dang, too late then. Unless you can find the planning records there's no way around it. You can't market it as a three bed.

user1977

Skint_yet_Again said:

The estate agent has said they cannot market as a 3 bed without evidence of planning.

Do you have planning permission for the original construction of the house?

Skint_yet_Again

user1977 said:

Skint_yet_Again said:

The estate agent has said they cannot market as a 3 bed without evidence of planning.

Do you have planning permission for the original construction of the house?

No but this is what has been said on the probate board so I just wanted to check the situation ….

“Contacting building control may affect the sale, as it could invalidate any attempt to use indemnity insurance if this is required by a buyer's mortgage provider. 

I'd strongly suggest you go and discuss this over on the house buying, selling and renting forum. If you've just asked, "Do you have any planning applications", that might be OK. If you've mentioned the loft extension maybe or may not, depending on the year it was done.

It'd be a good idea to understand the situation before going further.“

mebu60

Skint_yet_Again said:

Thank you @user1977 and @Chief_of_Staffy

The estate agent has said they cannot market as a 3 bed without evidence of planning. Valuation was £155,000 for 2 bed or £170,000 for 3 bed. 

Not sure what to do now? Have already spoken to planning so is this going to affect anything? 

Invite another EA to provide a valuation for your three bed property and progress with them if they don't flag any issues. 

Skint_yet_Again

Thanks @mebu60 we have to have 3 for probate so I will put the archive visit on hold and see what the others say. Does indemnity insurance apply if the loft was done about 50 years ago? Obviously I can’t prove it was that long ago without any documentation 🤯

Jemma01

Wouldn't the solicitors be digging up for this detail anyway? Also mortgage lenders would probably find out. Isn't that what indemnity insurance is for? 

The thing is 1970s is too long ago, and there's no way you're the only one. They've probably seen it many times already. You've done your diligence to get things right, but hey not your fault.

Like someone said, I'd probably try another EA, and let the solicitors do their job.

Grumpy_chap

Skint_yet_Again said:

The estate agent has said they cannot market as a 3 bed without evidence of planning. 

The EA is being a fool and knows it.
If the conversion was done back in the 1970's then that is way out of time for any planning enforcement.  Assuming of course that the loft conversion actually ever required planning permission and was not within permitted development.

You do not want this EA representing your interests.  Get another EA who is actually competent.