Selling property without Planning

vincenzolorenzo

I'm looking at a house and garage for sale at the moment. The house was built c. 2000 and shed c. 2005. The house had planning and was built as per the council requirements. The shed was built without planning and subsequently sold along with the house to the current seller.

What's the legal situation with selling property without planning permission?

The11Duff

The garage might have been planning exempt

Gumbo

vincenzolorenzo wrote: »

I'm looking at a house and garage for sale at the moment. The house was built c. 2000 and shed c. 2005. The house had planning and was built as per the council requirements. The shed was built without planning and subsequently sold along with the house to the current seller.

What's the legal situation with selling property without planning permission?

Shed may be exempt as mentioned above.
Check it complies or ask the vendor for opinion on compliance with the Exempted Development Regulations.

C3PO

vincenzolorenzo wrote: »

What's the legal situation with selling property without planning permission?

I don't believe that there any legal restriction to selling a property without planning permission? The problem will be yours should you require a mortgage.

sydthebeat

C3PO wrote: »

I don't believe that there any legal restriction to selling a property without planning permission? The problem will be yours should you require a mortgage.

A solicitor for the vendor, doing their due diligence, will look for evidence of planning permission, or certification of exemption from planning permission, for all structures on the property being purchased.

if the structures require permission, and none is achieved, a solicitor will not sanction the purchase, especially with mortgage money.

a cash buyer can decide to take the risk on themselves.

C3PO

sydthebeat wrote: »

A solicitor for the vendor, doing their due diligence, will look for evidence of planning permission, or certification of exemption from planning permission, for all structures on the property being purchased.

if the structures require permission, and none is achieved, a solicitor will not sanction the purchase, especially with mortgage money.

a cash buyer can decide to take the risk on themselves.

Absolutely, but my point is that, as far as I know, there is no legal restriction to selling a property that has issues with planning - Caveat Emptor!

maestroamado

I just seen this thread.
In am curious as to how this turned out.


My information is that if a local authority allow a building be used for more than 7 years it has planning.
I think that if it is a commercial garage they will apply rates.
I built a house/garage some years ago. the planning included a footnote that any garage need to be A shaped roof.
I took this to mean that i had planning so went ahead and built my garage.
It was only later when i was talking to a Council official who is neighbour he said.
That footnote did not say you had planning.
What it said was if i was applying for planning for garage in future i need to have this type of roof which is what i have.

sydthebeat

maestroamado wrote: »

My information is that if a local authority allow a building be used for more than 7 years it has planning.

Your information is wrong

maestroamado

sydthebeat wrote: »

Your information is wrong

That is what a Planning Consultant told me.
The incident was slightly different in that we were talking more what the building was being used for more than the structure.


So now i have a garage without planning, do you know if i would need to apply for retention?
There will not be a problem getting retention but i only do if necessary.


regards...

sydthebeat

maestroamado wrote: »

That is what a Planning Consultant told me.
The incident was slightly different in that we were talking more what the building was being used for more than the structure.

makes no difference... being in existence for more than 7 years does not bestow "planning granted " status on anything.

All it does is end the statute of limitations under which planning enforcement action can be taken.
The structure / use is still unauthorised regardless.

maestroamado wrote: »

So now i have a garage without planning, do you know if i would need to apply for retention?
There will not be a problem getting retention but i only do if necessary.

if your garage was built under after 2001 and does not comply with any of these Class 3 conditions, then yes, you require planning permission to regularise the development.

maestroamado

Thanks for reply.
With regard to planning consultant.
In this instance there was a shop unity and it was changed for office use.
What he said was that if the local authority left it that after the end of 7 year period it had planning for both uses.
This was a family member and i was there when this said, i have no idea.

The garage be borderline size but it will not be a problem retaining i be thinking.

regards...

BryanF

maestroamado wrote: »

Thanks for reply.
With regard to planning consultant.
In this instance there was a shop unity and it was changed for office use.
What he said was that if the local authority left it that after the end of 7 year period it had planning for both uses.
This was a family member and i was there when this said, i have no idea.

The garage be borderline size but it will not be a problem retaining i be thinking.

regards...

there is no way a planning consultant stated the above.

After 7 years the council may not be able to seek removal of an authorized structure, but its never complaint / has planning unless retention permission is sought and granted.

maestroamado

BryanF wrote: »

there is no way a planning consultant stated the above.

After 7 years the council may not be able to seek removal of an authorized structure, but its never complaint / has planning unless retention permission is sought and granted.

I may not have explained properly, there was not ever a problem with the structure as indeed a high-spec build.
The discussion was about change of use shop to office.
The conversation was about change of use and he did say this in relation to this.
I was observer and know little of these things.
Sorry...