Missing planning permission

Detached garages are classed as outbuildings and usually fall under Permitted Development rights.

This is the guidance. You should be able to establish whether it is PD from it:
https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

But as everyone else says, enforcement cannot be taken after 4 years (unless in a designated area) even if did need PP at the time. Unless it's a listed building or suchlike, this is likely to be a non-issue.

A covenant in the deeds is totally unrelated to obtaining planning permission. The planning office do not care what is in a covenant - that is your own issue to deal with. Different indemnities are available for covenants. Covenants can only be enforced by the party named in the deeds. What is the liklihood of the owner of your covenant coming out of the woodwork - and are you sure it covers garages? Older ones usually only cover additional dwellings. Is it a Barratt type estate?

slightlychilled wrote: »

A covenant in the deeds is totally unrelated to obtaining planning permission. The planning office do not care what is in a covenant - that is your own issue to deal with. Different indemnities are available for covenants. Covenants can only be enforced by the party named in the deeds. What is the liklihood of the owner of your covenant coming out of the woodwork - and are you sure it covers garages? Older ones usually only cover additional dwellings. Is it a Barratt type estate?

I'm lost, if the covenant states that planning permission must be obtained for any outbuildings how can that be unrelated ? The owner of the covenant is the council and no, it's not a Barratt estate.
Anyway seems everyone is agreed that the 4 year cut-off has passed and the garage is OK.

Thanks to all who contributed useful advice.

You could interpret that as needing planning permission 'if it needs' planning permission. PD is itself a form of planning permission afforded to most houses.

You can't force the council to give you something you don't need. I could have a covenant saying that I have to live in my house with George Clooney but it doesn't mean he has to agree with it.

slightlychilled wrote: »

I'm thinking along the lines of suggesting to my solicitor that my seller takes indemnity insurance as a temporary measure to meet the exchange deadlines, with the proviso the garage is added to all legal documents asap at his cost.

What do you mean by "added to all legal documents"?

slightlychilled wrote: »

If only I knew. I didn't expect to have to be chasing stuff I assumed my solicitor would do. I have a pile of papers, land registry, various searches etc etc and none of them have the garage marked or mentioned on any plans or drawings. I think it should be there as other houses in the vicinity have outbuildings and such marked on the plans and diagrams.

You own the land, whatever is built on it. Whether the plans show that the Ordnance Survey have updated all outbuildings etc doesn't make any difference from a legal point of view, what matters is whether the outline shows the correct boundaries of the land.

slightlychilled wrote: »

Hmm.... I find it extraordinary that council planning offices don't have accurate details of structures on any land. I would have thought it could make a huge difference to future planning permissions. Forgive my ignorance but does this mean that all buildings erected under "permitted development" are not documented anywhere ?

The whole point of permitted development is that you don't need to contact the planners to ask for permission. So no, they're not likely to have details of things erected under permitted development, or even of things erected which should have had planning consent but didn't apply for it.