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P

Pacey

New Member
Hey all,

New here, not a property investor. I signed up thinking it was a standard home buyers forums.
But I will give it a shot anyway, you guys may have some experience with this.

Basically I'm in the process of purchasing a property.
Work has been done to the house, a loft conversion which is just classed as 'storage' I don't have too much of an issue with this.
However the main issue, I received the contract/paperwork for the property yesterday, after a full read through, I found that there's no mention of, or paperwork for an extension which has taken place. Single story, but the entire front of the house, enlarging the living room and lobby. The original wall has been removed and I would guess around 6ft has been added to the front.

I get the feeling there's going to be no planning permission for this, as it wasn't mentioned at all. I phoned my solicitor about it and she's going to look into it. But wasn't even aware the house had an extension, when I phoned.

When I viewed the property, I recall the vendor stating the extension was there when she moved in. (Not sure if that helps or hinders anything)

Where do I stand and what are my options?

It's just my 2 year old daughter and I who would be moving in. Not only am I now worried about being able to sell it on in the future, but being made to remove or modify the extension and mainly the safety of the property. The last thing I would want is for my daughter to get hurt or worse, if the construction doesn't comply with building regs/is faulty.

This was pretty much my dream house, far better than I ever though I would get with my budget (first time buyer).

Thanks everyone.
 
M

Michelle Barringer

Member
Forum Partner
Hello, I would def wait for your solicitor to come back to you so you know exactly what has been planned and how it was built - you could also ask your agent to find out more from the current owner (but ensure they can prove anything they say) if it is isnt done correctly then they may be willing to get this resolved with planning and ensure it is up to building regs before you complete - good luck
 
Nicholas Wallwork

Nicholas Wallwork

Editor-in-Chief
Staff member
Premium Member
A few points you/your solicitor should be able to cover off...
- the vendor can pay for an indemnity policy for the lack of planning / building regs to cover you if the local authority query it.
- check the local council's planning portal and look up any historical planning applications (the solicitors searches should also show any recent applications e.t.c.).
- If the work was done over 10 years ago no enforcement action can be taken by the council for the lack of planning but to be "belt and braces" you may want to apply for a certificate of lawfulness from the planning department showing it's now effectively legal (if after 10 years).
- If it's a more recent extension it is likely illegal and could be asked to be reverted by the council. there are various allowable (permitted development) extensions but these rules wouldn't apply as this extension is at the front of the house! So check how long the vendor has been there.
- you could buy it "subject to planning" and getting the vendor (or yourself) to put in a retrospective planning application to regularise the work before you complete the transaction.
- get a structural building survey done to assess the quality of the work.


Finally you may just decide to take the risk on some of the above (not the structural survey in my opinion which is critical especially with kids in the house e.t.c.) but it's a potentially big risk if the work is less than 10 years old and you could end up loosing a lot of money putting it back to what it was previously.

The risks can be overcome with the above advice and certainly discuss these options with your solicitor and take the correct professional advice to reduce your risks.

Good luck and if you have further questions please post them up and we'll try to help as best we can.
 
P

Pacey

New Member
Thanks for the advice!

I wasn't aware I could check previous planning applications and such, just found the site and it looks like there's no history of an application (as seen below)

houses.png

I'm pretty sure the lady said she had lived in the house for 14 years.
How long are planning applications held in the councils systems, could it have just expired as such or do they keep everything?

Still no reply from my solicitor, will give them a call this afternoon, if I don't hear anything before then.

The certificate of lawfulness, I had a google of that the other day and all the government sites seem to imply that is for new extensions/work which has yet to be taken place, but doesn't require planning permission. Have I mixed that up with something else or are the government sites simply not giving the full story?
Also, if we can apply for a certificate of lawfulness, how would we go about proving how long the extension had been in place?

As for putting a retrospective planning application, is that actually possible? I thought the construction had to be viewed beginning, middle and end to ensure it's being done correctly and complies with building regs? That would certainly be a good option, if it is possible.

Thanks you very much, really appreciate the suggestions and feedback!
 
Nicholas Wallwork

Nicholas Wallwork

Editor-in-Chief
Staff member
Premium Member
Hi Pacey,

You can apply for a lawful development certificate for this (I'm 99% sure). You can always call the council and ask, that's probably the best thing to do before buying as well and double check their procedure in this particular borough. As it's over the time limit (I quoted 10 years above but it could be as little as 4 years as it comes as work under the C3 residential planning class) then it become lawful by default... you just need the certificate (or knowing this buy it anyway and get the certificate later).

The council archive planning records after a certain amount of time (I don't know what this is exactly and again depends on borough I'm sure) but the records can be checked in most council offices on microfiches, you'll need to visit in person to do this though.

I wouldn't worry about the planning history now (other than your solicitor doing a search) and just confirm the development is definitely lawful with your solicitor and then move forward with the lawful development certificate.

You can certainly do retrospective planning applications but I don't think this is needed here as it's over the time limit and hence becomes lawful.

Building regs is separate to planning and relates to just the way the extension is built (to the right standard etc) so you'll still be without building regs in any event. Ask your solicitor to put an indemnity in place for the lack of building regs and have the structural survey carried out for piece of mind as well and this should cover off the risk of no building regs being present.

When applying for the lawful development certificate ask the vendor to write you a letter that she's lived there for 14 years and didn't carry out the work. This will be good evidence for your application.

I think I've covered most points for you there...

Good luck and let us know if you need any more help...
 
N

nmb

Well-Known Member
If the extension is deemed lawful because of the time it has been in place, what would happen if it did not conform with building safety regs? What is the process in this situation?
 
Nicholas Wallwork

Nicholas Wallwork

Editor-in-Chief
Staff member
Premium Member
@nmb in this situation planning can't take enforcement and building regs also wouldn't be able to enforce anything so it's just down to the quality of the extension. I suggest they do a full structural survey and carry out any remedial works needed... hopefully nothing will be needed and the risk is minimal and can be forgotten after indemnifying it on the purchase (as a belt and braces approach)...
 
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