Retention planning

Lucy88

Hi. We have gone sale agreed and after the structural survey was done, we found out the garage needs retention planning. It was built 9 years ago, so from what I have read, the council cant enforce anything but it is still unauthorised. It is our dream house and ticks all the boxed. Our lease is up on our rental soon and the vendors are looking for a quick sale also because they have separated and are going their separate ways. We have found out that we have a mutual friend also and their story is legit. We risk loosing the house now as we have been advised by the estate agent that they might hold out for a cash buyer, although I have read that they could run into the same difficulty once the solicitors does the title searches on the land registry. We have even asked a local TD if they can help in any way to get the retention planning processed quicker as this isn't suiting either parties. Has anyone had any experience with this? I'm at my wits end. Thanks in advance.

Gumbo

Lucy88 wrote: »

Hi. We have gone sale agreed and after the structural survey was done, we found out the garage needs retention planning. It was built 9 years ago, so from what I have read, the council cant enforce anything but it is still unauthorised. It is our dream house and ticks all the boxed. Our lease is up on our rental soon and the vendors are looking for a quick sale also because they have separated and are going their separate ways. We have found out that we have a mutual friend also and their story is legit. We risk loosing the house now as we have been advised by the estate agent that they might hold out for a cash buyer, although I have read that they could run into the same difficulty once the solicitors does the title searches on the land registry. We have even asked a local TD if they can help in any way to get the retention planning processed quicker as this isn't suiting either parties. Has anyone had any experience with this? I'm at my wits end. Thanks in advance.

Standard practice.
A Retention Application needs to be made.
There is no way a TD can get it done quicker. They are Statutory timeframes in law that have to be observed.

It will take 3 months to receive Planning once lodged and assuming it all goes well.

I'm assuming someone has looked at the garage and confirmed its outside of the exempted limits?

rayjdav

They will just have to send in the retention application asap then. If you don't buy it because of this, no one else will because as you say, the conveyancing solicitor for whomever will have the same issue arise. Bank will hardly release any funds if this is still there.
The fact of getting the local TD to fast track the planning, it won't/can't happen tbh. That day is long gone, TF. Quickest possible time to get a decision is in week 6 but that rarely ever happens... (still means 10 weeks from date of submission either way for final grant)
If it is just a standard garage, that is outside of the exemption limits, then, in theory, there should be no issue with retention, which means that 12 weeks after it is lodged, the retention permission should be issued and everyone is happy.

bryaj

Can the garage be reduced in size to make it an exempt development? or demolish it?

sydthebeat

bryaj wrote: »

Can the garage be reduced in size to make it an exempt development? or demolish it?

garage sizes are overall footprint sizes, not internal floor area sizes..

so the only want to reduce this is to move walls.

ostrich kildare

Personal experience of exactly this....
If you do nothing:- the building cannot be touched and no one can object ever. Once it meets building regs and you have a valid engineering cert of compliance the bank should be ok for a.mortgage.
If you apply for retro planning:- someone can then object or it could fail result - it could be forcibly removed !!
I had the same situation with my house where an 80m2 extension was on without any planning. It was there for 9 years without issue and was the radar. We got a certificate from an engineer that it was built ok. No planning. Got mortgage. No one can ever do anything. It's past the legal.limitation of 7 years. Live happily ever after.

rayjdav

Correct: It is outside the time-limits for enforcement proceeding by the LA but it is still an unauthorised development. The banks will not touch a property with unauthorised works on it nowadays. It is yet another legitimate way to stall the mortage process in their eyes. Easiest thing for seller to do it regularise the works because it will stall the ball for each and every possible purchasers solicitor going forward and they'll still be there this time next year.

Gumbo

ostrich kildare wrote: »

Personal experience of exactly this....
If you do nothing:- the building cannot be touched and no one can object ever. Once it meets building regs and you have a valid engineering cert of compliance the bank should be ok for a.mortgage.
If you apply for retro planning:- someone can then object or it could fail result - it could be forcibly removed !!
I had the same situation with my house where an 80m2 extension was on without any planning. It was there for 9 years without issue and was the radar. We got a certificate from an engineer that it was built ok. No planning. Got mortgage. No one can ever do anything. It's past the legal.limitation of 7 years. Live happily ever after.

How can you get a cert of compliance if it doesn’t comply?

muffler

Gumbo wrote: »

How can you get a cert of compliance if it doesn’t comply?

Probably a cert re building regs but NOT planning