Planning issue might hold up sale of house

Mur1983

Hi we are now on our 3rd house where we have made an offer and when it came to contracts was complications we don't wont to back out of this one and would like some advice the follow issues have come up.Panic stations!! As mortgage approval is going to run out soon

1) The sheds have no planning permission they are 37.5sq metres well above the max without planning 25 sq metres

2)The site layout is not evident on the planning file

3) The 130metres sightline is not fully achieved

4) The entrance walls are made of concrete block work instead of stone & sod as required on original planning

5) Septic tank not evident on the planning file (but was certified at some stage)

6) Site levelling is not certified

Our solicitor don't seem to be too worried. We are getting a Local Authority Mortgage so no way of hiding all this from the council. Our solicitor reckons they wont have any major problems with the above but reading on all the forums seems like retention should really be in order for the sheds or else they should be knocked? How serious all all the above issues? Also our solicitor reckons we can buy and get the retention on the sheds after?

Should we just walk away?

It a really nice house great views and nearly a full acre site for a really good price so really don't want to let this one go.

muffler

First of all your solicitor is giving you terrible advice and if that was said to me I would get myself another solicitor. He/she is advising you to buy a property that is in breach of statutory regulations and when I see the likes of that posted I would worry about how your solicitor will act for you in other aspects of any potential property purchase.

You should ask your solicitor to get a certificate of compliance from the vendor's solicitor. If that cert states that everything is honky dory then I would worry even more. Quite simply if you were to purchase this house you would be doing so in the knowledge that things just aren't right and there's a problem. What if you decide to sell again in a couple/few years? You will end up possibly having having to rectify the problems.

Should the council become aware that there are sheds there that dont have planning permission and that conditions of a planning permission have not been complied with then bear in mind that the Council will chase up the owner of the property regardless of who built it or lived in it previously and that could be you they would be after.

BryanF

I feel your pain, may this be a warning to those taking short-cuts on their self-builds

1. planning is required or you could regulate it yourself at later date, if the bank will allow
2. N/a
3. ? we'd have to see the impact, have you spoken to the local council engineers?
4. I wouldn't be to concerned, have you spoke to the local council planner
5. at some stage?? we need more data but your engineer/solicitor should advise
6. site leveling is seem quiet site specific, your eng should advise

you have mentioned nothing about the building fabric, BER, heat retention/ cost to heat, work that needs to be done, structural defects so.... the septic tank cert is about the most I'd be worried about.best of luck, its nice to see someone getting a mortgage.


tell us more about getting a local authority mortgage?

Mur1983

Local Authority Mortgage are alot easier than a Bank.
You need a full time job an in it more than two years have been rejected by two Banks for a mortgage. I think they prefer if you are on the council house list which we were. A good credit history and a reasonable amount saved around 10k would be loads. I have two children and a girlfriend to support and my wages arent great my mortgage is modest sum around 90k but its a buyers market. Once you have the house they have certain control over what you can do like you cant knock internal walls without permission etc. And cant sell on for so long.

It took us 6 months to get approved and we taught all our worries were over once we got the mortgage we have been unlucky that the three houses we picked all had issues and now our approval is nearly up and Local Authority wont tell us can we extend approval for a few more months. So been at the process since May and feel like I have aged around 5 years. Muffler the cert of compliance came back with all the issues I listed in the first post. The house is built around 13 years and I believe the sheds are over 10 years old at least. There is no mention of a BER I have never questioned this fact. A structural survey came back very good condition.

As its a local authority mortgage and we are waiting on the local authority solicitor to decide will then lend on the above basis. I presume the planning department will automatically become involved as its all the one Local Authority office.

archtech

Mur1983 wrote: »

I presume the planning department will automatically become involved as its all the one Local Authority office.

A dangerous presumption , generally one department doesn't know what the other is doing, they might as well be on different planets.

You have lots of issues there that need sorting, which will take time to rectify but all should be sortable, as you said its a buyers market, so if the vendor is serious in selling they need to address the issues and soon in your case. I certainly won't be buying the house without everything addressed.

daver123

Mur1983 wrote: »

Hi we are now on our 3rd house where we have made an offer and when it came to contracts was complications we don't wont to back out of this one and would like some advice the follow issues have come up.Panic stations!! As mortgage approval is going to run out soon

1) The sheds have no planning permission they are 37.5sq metres well above the max without planning 25 sq metres

2)The site layout is not evident on the planning file

3) The 130metres sightline is not fully achieved

4) The entrance walls are made of concrete block work instead of stone & sod as required on original planning

5) Septic tank not evident on the planning file (but was certified at some stage)

6) Site levelling is not certified

Our solicitor don't seem to be too worried. We are getting a Local Authority Mortgage so no way of hiding all this from the council. Our solicitor reckons they wont have any major problems with the above but reading on all the forums seems like retention should really be in order for the sheds or else they should be knocked? How serious all all the above issues? Also our solicitor reckons we can buy and get the retention on the sheds after?

Should we just walk away?

It a really nice house great views and nearly a full acre site for a really good price so really don't want to let this one go.

Organise a visit to the house with a architect to look over the issue's