Father never got planning permission for home extension, have a question

Rock Paper Scissors

Hey guys,

My mum lives in a 3 bed terraced house and about 35 years ago my Dad got an extension built.

The sqaure footage of the extension is around 170.125 sq ft.

Dad has since left the house.

We got an opinion of compliance from an architect a few years back but from my research, it seems that this not be enough if the time comes that she wants to sell the house.

So my question is what does she need if she wants to sell the house?

Does she need a certificate of compliance or a certificate of exemption or something else?

Thanks guys

Rock Paper Scissors

Anybody?

Bigus

It depends on who’s buying , cash buyer or mortgage ,and their solicitor.

after 35 years I wouldn’t think it should be a show stopper , and if it is, you could really simplify legals by re-instating the original spec , ie knock the extension and make good.

Sometimes this is the cheapest and definitely with legal title the most easy and possibly cheapest, especially if the extension was badly built and designed.

pale rider

could you speak with your local planning authority and seek their advice ?, regardless an application for retention would cover it and that should not be an issue.

con747

https://www.boards.ie/discussion/comment/117701161#Comment_117701161

An old thread from 2012 if any use to give you an idea if still valid points being made.

https://www.boards.ie/discussion/2056755505/purchasing-house-with-no-planning-permission-for-extension-old-thread

wildwillow

She probably needs to get planning retention.

It will be a costly enough process and will take time, but unless the extension is way off regulations and garden is still large enough, there should not be a problem.

You need proper advice from a planning expert. Everything has to be perfect for selling nowadays, particularly if a mortgage is needed.

DOCARCH

I would have thought the opinion of compliance should be sufficient for selling the house?

sydthebeat

^

Agreed

Who is saying the original opinion on compliance isn't good enough?

Rock Paper Scissors

Thanks for the replies guys

Maybe the opinion of compliance is good enough?

I really don't know which is why I created the thread.

I will seek professional advice but I really just wanted to know what I need (Cert of exemption, cert of compliance, retention planning)

When it comes time to sell, I just want things to go smoothly

JackPerry

If the extension was constructed to the rear of the house then it would have been considered as exempted development. By the way, the floor area of exempted developments

planning.jpg

to the rear of a house has been modified a number of times. Upto 1977 it was 18sq.m. In 1981 it was modified to 23 sq. m and then in 2000?( not entirely sure of the year) it was again modified upward to 40 sq.m. See attached extract

An Ri rua

It's my understanding that after 7 years it's exempt from planning so you don't need to seek retention. And you'd make your life expensive and difficult if you did.

But building regulations is a separate issue. You'll need a certificate of compliance from someone authorised to declare same.

I stand to be corrected but I think the above is correct.

sydthebeat

https://www.boards.ie/discussion/comment/117722261#Comment_117722261

That's incorrect

BryanF

https://www.boards.ie/discussion/comment/117718554#Comment_117718554

docarch & sydthebeat are professionals ;)

An Ri rua

https://www.boards.ie/discussion/comment/117723155#Comment_117723155

Ok, I'll take it up with our quantity surveyor and solicitor as they resolved for us on this basis.

Thanks for the heads up.

vixdname

https://www.boards.ie/discussion/comment/117701207#Comment_117701207

Sorry but that's utter rubbish, simplify it all by knocking a part of the house thats been used for the last 35 years.

There is zero planning permissions required for any extension to the back of a property if its under 40 Sqms or 430.5 sqft

Considering the OP stated the extension in question is only 170.125 sqft or 15.8 sqms they are well underneath the maximum foot print requiring planning permission.

You wont get a "Certificate of Compliance" from anyone if they themselves did not oversee the original build, so requesting one is unrealistic, a "Certificate of Opinion" on the other hand is usually all that is requiested.

A stickler of a solicitor could however also want a certificate of exemption from a County Council planning dept., have these certs at hand when selling the property and it'll save ye time and delay of sale.

sydthebeat

https://www.boards.ie/discussion/comment/117739677#Comment_117739677

https://www.boards.ie/discussion/comment/117722261#Comment_117722261

It doesn't become "exempt from planning"

It just goes beyond the statute of limitations. Its still unauthorised, and 100% requires retention.