Selling house with small change to pp

hungrypig

I would appreciate advice. We have put a booking deposit on a house which meets our specific needs ( child with a disability ), we have been looking for years and it’s very hard to meet our needs.
Just over 5 years ago we extended our present house which needed planning permission. We added a small window to the side which wasn’t in the plans and omitted one further up the side. We are currently in the late stages of selling our current house. We have good offers from cash buyers (although I’m not sure if they actually have cash or are not in a chain )
What are the chances that the change in the build will cause a difficulty in selling ?
I am reluctant to declare it to the estate agent at the minute ( she is also who we are buying from ) a we are afraid it might jeopardise our new house whic was so far to come by.
My instinct is to get plans done now in anticipation of a difficulty and being ready with retention application and play dumb.
The owner of new property had no other offers.
Apologies for the long post. TIA

Stanford

Solicitor for the Purchaser will send a document called Requisition of Title to your Solicitor and that will ask if any works done to your home have planning permission and so it will come out in the wash then, be prepared for this, the Local Authority may decide that the work done is insufficient to require an application so chat to them before making any application for retention.

sydthebeat

assuming ground floor windows, its highly unlikely to cause an issue.

you will be required to engage a professional to compile a certificate of compliance on the property and its up to them to determine its seriousness.

dont talk to the council first !
talk to the certifier.

Stanford

Did you extend the approved built space as well as change the window location?

Stanford

sydthebeat wrote: »

assuming ground floor windows, its highly unlikely to cause an issue.

you will be required to engage a professional to compile a certificate of compliance on the property and its up to them to determine its seriousness.

dont talk to the council first !
talk to the certifier.

"Just over 5 years ago we extended our present house which needed planning permission"

More than just windows involved here..!!!

hungrypig

Hi, thanks for the replies.
The side piece came out about an extra foot to accommodate a window but the front was built a bit smaller than the plans to appease neighbours. So the overall square footage is the same. Added window is downstairs and does not over look any other properties.
I wasn't aware the council could potentially decide that it might not need retention.
How do we get a certifier. Thanks again

Stanford

So the house is not built in compliance with the planning permission granted?

sydthebeat

Did you get permission for that extension?

You can get a certifier by asking your solicitor for recommendations

Stanford

OP has already said he doesn't have PP for the extension, on that basis I doubt that anyone will certify otherwise, retention will solve your problem once and for all

sydthebeat

Stanford wrote: »

So the house is not built in compliance with the planning permission granted?

Even if it was just the window moved, it still wouldnt have been in compliance with the permission approved.

However the certifier can offer an opinion as to "substantial compliance".

T he council do not offer certificates of compliance so their experience in making judgement calls in these matters tend to be heavily swayed on the conservative, black or white, side.

hungrypig

Yes we got planning permission for all of the extension but made relatively minor changes but I accept that this breaches the pp.
I think we need to start planning for retention process just in case.
I wonder if it would be less of an issue for a hard cash buyer as banks would not be involved

sydthebeat

Stanford wrote: »

OP has already said he doesn't have PP for the extension

They did???? I didn't read that....

I read it as the opposite actually, that it needed permission so they got it

Stanford

hungrypig wrote: »

Yes we got planning permission for all of the extension but made relatively minor changes but I accept that this breaches the pp.
I think we need to start planning for retention process just in case.
I wonder if it would be less of an issue for a hard cash buyer as banks would not be involved

You will still have Solicitors on both sides......retention is your only peace of mind

hungrypig

Yes we got planning permission

sydthebeat

hungrypig wrote: »

Yes we got planning permission for all of the extension but made relatively minor changes but I accept that this breaches the pp.
I think we need to start planning for retention process just in case.
I wonder if it would be less of an issue for a hard cash buyer as banks would not be involved

If a certifier is happy that its substantially in compliance then that decision could save you 12 weeks and €1000

hungrypig

Thank you both for the prompt answers, they have been very helpful

Stanford

Agreed provided Purchaser's Solicitors accepts the Compliance Cert and Engineer/Surveyor is happy to sign off

sydthebeat

Stanford wrote: »

Agreed provided Purchaser's Solicitors accepts the Compliance Cert and Engineer/Surveyor is happy to sign off

Yep, all parties have to be happy with the paperwork

Stanford

Stanford wrote: »

Agreed provided Purchaser's Solicitors accepts the Compliance Cert and Engineer/Surveyor is happy to sign off

HOWEVER you are obliged to point out any works of contention

Alkers

Imo there is a good chance nothing will be picked up

Stanford

Simona1986 wrote: »

Imo there is a good chance nothing will be picked up

And the logic for that is.............?????????????

mickdw

Simona1986 wrote: »

Imo there is a good chance nothing will be picked up

Certifier will without doubt pick up on the discrepancies. They will then make a decision as to whether it's 100 percent fine or whether they are happy to certify with issues noted on cert or they may not be happy to certify at all.
To say they might not notice is unlikely.

Stanford

"Unlikely" and insulting to professional Engineers/Surveyors who take this responsibility very seriously

Alkers

Stanford wrote:

"Unlikely" and insulting to professional Engineers/Surveyors who take this responsibility very seriously

I didn't mean with a certifier for the works, I meant that if you progress with the sale I don't think it's likely that the solicitor will appreciate that the window is in a different location to the planning permission.

Gumbo

Simona1986 wrote: »

I didn't mean with a certifier for the works, I meant that if you progress with the sale I don't think it's likely that the solicitor will appreciate that the window is in a different location to the planning permission.

It’s not the solicitors job to do that.
The Surveyor will state on their report that the planning is not in place and the solicitor runs with that. The solicitor deals with it in a black/white scenario.

Also, it’s not just a window that’s in a different location, the OP has stated that the extended further to the side that’s the permission allowed and also reduced it in other parts.

Salthillprom

Go to the Planning Dept. and ask for a letter of compliance. If the changes you made are minor in nature, then they’ll likely issue you with one. I’d strongly advise against winging-it. It will be found out by both the purchaser’s engineer and your solicitor, as you will be required to declare works that have taken place. If the Planning Authority don’t issue you with a compliance document, then be prepared to seek retention permission. Or alternatively, do the works (remove the window etc) to allow the building to comply with the granted permission.

sydthebeat

Salthillprom wrote: »

Go to the Planning Dept. and ask for a letter of compliance. If the changes you made are minor in nature, then they’ll likely issue you with one. I’d strongly advise against winging-it. It will be found out by both the purchaser’s engineer and your solicitor, as you will be required to declare works that have taken place. If the Planning Authority don’t issue you with a compliance document, then be prepared to seek retention permission. Or alternatively, do the works (remove the window etc) to allow the building to comply with the granted permission.

the county council do not give certs, letters etc of compliance.

Gumbo

Salthillprom wrote: »

Go to the Planning Dept. and ask for a letter of compliance. If the changes you made are minor in nature, then they’ll likely issue you with one. I’d strongly advise against winging-it. It will be found out by both the purchaser’s engineer and your solicitor, as you will be required to declare works that have taken place. If the Planning Authority don’t issue you with a compliance document, then be prepared to seek retention permission. Or alternatively, do the works (remove the window etc) to allow the building to comply with the granted permission.

The Planning Department do not give letters or opinions on compliance. Here in Ireland, we operate on self certification, so the OP will have to pay someone themselves.

antiskeptic

Stanford wrote: »

"Unlikely" and insulting to professional Engineers/Surveyors who take this responsibility very seriously

And wouldn't be to the the chap who walked into the kitchen of my to-be-certified house, took the envelope containing the money, didn't so much as glance around .. and left.

In other words, find someone who'd certify two flies crawling up a wall .. is one way to approach it. Your local friendly estate agent will doubtlessly know one.

Homer

antiskeptic wrote: »

And wouldn't be to the the chap who walked into the kitchen of my to-be-certified house, took the envelope containing the money, didn't so much as glance around .. and left.

In other words, find someone who'd certify two flies crawling up a wall .. is one way to approach it. Your local friendly estate agent will doubtlessly know one.

That’s all well and good when you’re selling and don’t mind.. different story if you were buying. You certainly wouldn’t want the surveyor to let you buy something with potentially drastic financial implications when you move in or decide to sell down the road!

hungrypig

Thanks again for all the replies. One of the bidders is a hard cash bidder with no mortgage needed. I understand that he will still have a survey conducted of the house but I think there is a better prospect of the sale going through without having to go down the retention route with a hard cash buyer.

Gumbo

hungrypig wrote: »

Thanks again for all the replies. One of the bidders is a hard cash bidder with no mortgage needed. I understand that he will still have a survey conducted of the house but I think there is a better prospect of the sale going through without having to go down the retention route with a hard cash buyer.

Please update as things progress

Salthillprom

kceire wrote: »

The Planning Department do not give letters or opinions on compliance. Here in Ireland, we operate on self certification, so the OP will have to pay someone themselves.

Untrue. You can get a letter of comfort. Same thing.

sydthebeat

Salthillprom wrote: »

Untrue. You can get a letter of comfort. Same thing.

We are referring to the Republic of Ireland local authority's here, not the UK.

No Council in Ireland that I know, or ever heard of in 20 years of working with them, issue these letters

Gumbo

Salthillprom wrote: »

Untrue. You can get a letter of comfort. Same thing.

Untrue.
Councils in Ireland do not offer this service.

We get asked for them everyday and we have to send them to the private sector for an opinion on compliance

hungrypig

We've started the retention process 🙄, I will let you know of the process