No Planning Permission

Raven_k42

Evening all

I'm in the process of buying a house from other family members. Turns out a 40yo extension single-storey never had planning permission - or can't be found anyway. Solicitor tells me a declaration from sellers that extension there a long time - plus no notices from LA received - means we should be fine. Structural survey has been done and all in order.

Should we be worried and anyone experience of similar ?. We would consider seeking retrospective approval to avoid future issues. We're cash buyers so no bank mortgage concerns re planning lapse.

Any thoughts appreciated.

K

Gumbo

Raven_k42 wrote: »

Evening all

I'm in the process of buying a house from other family members. Turns out a 40yo extension single-storey never had planning permission - or can't be found anyway. Solicitor tells me a declaration from sellers that extension there a long time - plus no notices from LA received - means we should be fine. Structural survey has been done and all in order.

Should we be worried and anyone experience of similar ?. We would consider seeking retrospective approval to avoid future issues. We're cash buyers so no bank mortgage concerns re planning lapse.

Any thoughts appreciated.

K

First you work out if Planning was required in the first place.
A Planning agent should advise on the ground.

Just because the Solicitor says its there a long time, doesn't mean its a clean title, its still in a state of planning non compliance so the bank may refuse to release the funds.

Raven_k42

kceire wrote:

Just because the Solicitor says its there a long time, doesn't mean its a clean title, its still in a state of planning non compliance so the bank may refuse to release the funds.

kceire wrote:

Just because the Solicitor says its there a long time, doesn't mean its a clean title, its still in a state of planning non compliance so the bank may refuse to release the funds.

Thanks KC - no mortgage reqd as we're cash buyers. We know it was there 40 years (remember it being built !!). Hopefully it's OK but we're planning to renovate and don't want an unexpected LA notice to scupper everything !!.

Gumbo

Raven_k42 wrote: »

Thanks KC - no mortgage reqd as we're cash buyers. We know it was there 40 years (remember it being built !!). Hopefully it's OK but we're planning to renovate and don't want an unexpected LA notice to scupper everything !!.

Why not regularise with a retention application?

Raven_k42

kceire wrote:

Why not regularise with a retention application?

That sounds the preferable option and what I'd hope to do - as long as I wouldn't regret drawing attention to it. After this time could they refuse and serve some kind of notice ?. Thanks KC. K

Raven_k42

Raven_k42 wrote: »

That sounds the preferable option and what I'd hope to do - as long as I wouldn't regret drawing attention to it. After this time could they refuse and serve some kind of notice ?. Thanks KC. K

Enforcement action can't be brought after seven years. It will still be unauthorised development and may cause issues down the line but you won't get any action taken against you.

If the extension is something that would generally be permitted I'd be pretty confident you'll get retention permission.

doug82

As another posted mentioned, you should first establish if planning permission was required. What size is the extension, is it to the rear?

Raven_k42

Large single storey - full-width of terraced house almost 6m and extending back 5.2m. Kitchen/diner and bathroom - only bathroom in the house !!.

Raven_k42

Just to note - mostly replaced old scullery, shed/outhouse and outside toilet - which were all there from Day 1 (1905-ish). So despite being large - was replacing old structures basically. Not sure if this is relevant. Thanks, K

Raven_k42

Raven_k42 wrote: »

Large single storey - full-width of terraced house almost 6m and extending back 5.2m. Kitchen/diner and bathroom - only bathroom in the house !!.

You're allowed up to 40sqm without permission (subject to other conditions, distance from boundary etc) so you should be ok. If you want to be 100% certain you can get a Section 5 declaration from your local council.

BryanF

Yakov P. Golyadkin wrote: »

You're allowed up to 40sqm without permission (subject to other conditions, distance from boundary etc) so you should be ok. If you want to be 100% certain you can get a Section 5 declaration from your local council.

What is remaining open area to rear of extension ?

looksee

Even if it was not required you would be advised to regularise everything now. It will cost you an architect's fee and possibly retention planning fee, then you are clear. I'm a bit surprised at your solicitor dismissing it - when we were selling we had to regularise several bits that had been built before our time, some that we built that did not need certs, then the buyer's solicitor even insisted on exemption certs for a couple of -literally - old wooden sheds. None of it was any hassle.

Victor

You could get the vendor to apply for the retention permission

Yakov P. Golyadkin wrote: »

You're allowed up to 40sqm without permission

In recent years, yes, but not 40 years ago.

looksee

Victor wrote: »

You could get the vendor to apply for the retention permission.

True, I answered as though the OP were the seller, it is the vendor who should be sorting the planning. I am surprised at your solicitor just dismissing this, he should be chasing it to be done.

antiskeptic

Raven_k42 wrote: »

Evening all

I'm in the process of buying a house from other family members. Turns out a 40yo extension single-storey never had planning permission - or can't be found anyway. Solicitor tells me a declaration from sellers that extension there a long time - plus no notices from LA received - means we should be fine. Structural survey has been done and all in order.

Should we be worried and anyone experience of similar ?. We would consider seeking retrospective approval to avoid future issues. We're cash buyers so no bank mortgage concerns re planning lapse.

Any thoughts appreciated.

K

You can get a declaration from a pro for about 350 quid. They'll assess based on the planning laws then (the exempted size was 18sqm in '77 for example as opposed to 40 now). But there was no 25 sqm of remaining garden prerequisite then either.

Prob retention required given the size.

my3cents

kceire wrote: »

Why not regularise with a retention application?

Thats easy to say but you never seem to answer this sort of question?

Raven_k42 wrote: »

That sounds the preferable option and what I'd hope to do - as long as I wouldn't regret drawing attention to it. After this time could they refuse and serve some kind of notice ?. Thanks KC. K

Gumbo

Yakov P. Golyadkin wrote: »

If you want to be 100% certain you can get a Section 5 declaration from your local council.

No, you cannot get a Section 5 Declaration from the council. The Home owner lodged a Section 5 Application asking if the works require Planning.

If the Council say yes, the owner needs to apply for planning / Retention.
If the Council say no, the owner still needs a professional on the ground to issue an Opinion of Compliance with the exempted Development Regulations.

So best to skip the Section 5 Application, and skip the 5 week wait from the Council and go straight to the Professional (Planning Agent).

my3cents wrote: »

Thats easy to say but you never seem to answer this sort of question?

If its a hideous extension then it could yes.
Get someone to look on the ground and advise.

Raven_k42

Garden still sizeable - full width (6m) and extends maybe 7-8m back. As I'd mentioned the "extension" didn't really chew-up garden space as it replaced original shed and outhouse/toilet - all of which were original.

Thanks for all the comments and feedback.

K

Gumbo

Raven_k42 wrote: »

Garden still sizeable - full width (6m) and extends maybe 7-8m back. As I'd mentioned the "extension" didn't really chew-up garden space as it replaced original shed and outhouse/toilet - all of which were original.

Thanks for all the comments and feedback.

K

Shed and outhouse are separate to the extension limits, so you cannot count this in the original square footage.