Transfer of Planning Permission

Sebastian Dangerfield

We're sale agreed on a house, which was advertised with planning permission, granted 2 years ago. Provided the sale goes ahead, does the planning permission transfer with the property - i.e. are we free to proceed with the extension should we choose to?

Ive asked the EA and solicitor, but from past experience it'll be a while before I get an answer!

Thanks

Bicycle

My suggestion would be to contact the planning authority who gave the permission. And ask to see the details of the planning as well - were there any restrictions? Was any additional information required? Are there any other things regarding the planning that you should be aware of?

I know from the experience of getting planning permission that its not always straightforward and the original plans submitted sometimes bear little relation to the final plans approved. Objections not listed on the planning authority website may have caused walls to be moved a couple of feet or windows to be of a certain specification.

You are better off engaging with these people from the start.

HelgaWard

Bicycle wrote: »

My suggestion would be to contact the planning authority who gave the permission. And ask to see the details of the planning as well - were there any restrictions? .

All Local Authorities have an online planning search tool, so should be able to find the site on their Map Viewer, then find full details of any relevant planning applications and also see all scanned documents. Just start by going to the Authority Home Page and you'll find it from there.

davo10

Op. Be aware, changes to local development plans mean that county councils often put residency clauses into planning permissions which stipulate that the applicant must Kev in the house for a certain period (typically 7 years) before ownership can be transferred to someone else. This was introduced to stop speculators buying land, gaining pp and then selling it off to buyers not from the locality.

If there is a residency clause, the pp is void if the property is sold and you would have to apply for new pp.

mickdw

davo10 wrote: »

Op. Be aware, changes to local development plans mean that county councils often put residency clauses into planning permissions which stipulate that the applicant must Kev in the house for a certain period (typically 7 years) before ownership can be transferred to someone else. This was introduced to stop speculators buying land, gaining pp and then selling it off to buyers not from the locality.

If there is a residency clause, the pp is void if the property is sold and you would have to apply for new pp.

It would be unusual for occupancy clause to be attached to permission for an extension.
Still anything is possible so read the planning conditions relating to the original permission for the house and also the conditions attached to the permission for the extension. That should clear up any issues.

davo10

mickdw wrote: »

It would be unusual for occupancy clause to be attached to permission for an extension.
Still anything is possible so read the planning conditions relating to the original permission for the house and also the conditions attached to the permission for the extension. That should clear up any issues.

I'm sorry, I missed the bit about the planning for an extension, I thought it was a new build. Planning on an existing structure should be transferable.

Gumbo

There's no such thing as planning transfer for a domestic extension.
The grant of permission stays with the property, not the owner.

So I could lodge for planning in my name, sell house and then the commencement notice could be lodged in someone else's name.

You just have to make sure the conditions of the final grant can be met and that the contributions are all accounted for so you know if or any LA payments are outstanding.

Sebastian Dangerfield

Thanks for all the advice and suggestions. I downloaded all of the paperwork from the LAs website. Conditions listed relate to treatment of water, sewage etc, but theres nothing there that caught my eye