Retention permission

very concerned

i

martinn123

very concerned wrote: »

Hi, i hope someone can help me.

We are selling our detached house. Extension on the side was done by previous owners and surveyor that did certificate has now retired. Just about ready to sign contracts but buyers surveyor has found something wrong with previous extension saying certificate is wrong and that extension has gone over plans slightly. We have been told that we may need retention permission. This extension was build in i believe 2001 and certificate was given in 2002. is there nothing we can do at all. And how long will retention permission take if we have to apply for it and how much does it cost...we are worried we can loose buyers with the delay.

Any advise would really help me.
thanks

Hi, first well done on finding a buyer, for your house.I presume you have discussed this with your solicitor, what does he advise.Do you accept what the buyers surveyor is saying, is the extention, larger than the original planning permission granted.?You have the original Cert. from now retired Arch. who was happy, and I presume the matter was to the satisfaction of your own Surveyor when you bought the house.It may be a matter of interpritation.If you accept that the extention is larger than the permission granted then I would consult with another Arch. and get his opinion. If he agrees then he can take you through the Retention application, if he Certifies the Extention is OK, then you are on stronger ground.can't advise on time or costs as I am not an Arch.Good luck

harry21

I can never understand this.

1. Lets say an extension under 25 sq. m had been built without planning permission becuase it is exempt. If the new buyer is happy to buy the property the sale is still legal. Whats the problem? I heard solicitors saying you need to apply for permission before the sale. Why??


2. If the extension is larger than 25 sq.m then planning is needed. If none was sought or granted, the buyer can still legally purchace the house, but will effectively be buying the unlawful extension too. So they can apply for retention then if they wish.

Why do solicitors get so fussy? If one party is happy to buy from another party, and knows what they are buying I don't see a problem??

Mellor

harry21 wrote: »

I can never understand this.

1. Lets say an extension under 25 sq. m had been built without planning permission becuase it is exempt. If the new buyer is happy to buy the property the sale is still legal. Whats the problem? I heard solicitors saying you need to apply for permission before the sale. Why??


2. If the extension is larger than 25 sq.m then planning is needed. If none was sought or granted, the buyer can still legally purchace the house, but will effectively be buying the unlawful extension too. So they can apply for retention then if they wish.

Why do solicitors get so fussy? If one party is happy to buy from another party, and knows what they are buying I don't see a problem??

Firstly the limit isn't 25sq.m, it's 40sq.m. Doesn't change your point but its best to have the correct info for others.

Nobody in their right mind would buy a property with unlawful development. The solictor would not be acting very professionally if they allow the deal to procede without making the buyer aware.

muffler

What a waste of peoples time. I sincerely hope he/she doesn't look for advice here again.

Thread locked.