We are in the middle of trying to sell our house, and the survey has come back with a question about planning and building control for the conservatory. Our builder advised us that we didn't need it, but the planning office have said that if it is more than 3m square, we needed it. Ours is 3.048m by 2.74m. The planning office have said, 'I wouldn't worry about it,' but I have no idea whether or not we need to apply for retrospective planning permission.
I need some advice from people who have perhaps been in the same boat.
Anyone? Have just spoken to the solicitor, she said we could offer them something called Buildings Regulation Indemnity Insurance. She didn't seem to think it was a massive problem. The builder is coming out to measure it today but the EA measured it as 10ft by 9'7ft.
By coincidence we had an architect visit the house yesterday and he said that you can go out 3m under Permitted Development but if its any more than that, you need planning permission. I think 10ft is more than 3m. You need to speak to the solicitor - the indemnity insurer will provide cover for the purchaser if the council were to get shirty about it and issue an enforcement notice (requiring them to demolish it because you haven't got planning permission) - it usually costs a few hundred pounds - or to speak to the Council to see if you can obtain permission retrospectively. The solicitor should advise which is the most appropriate / economical route.
Posted on your other thread, see if you can get the planning office to write confirming that it comes under permitted development or I am sure they will give you retrospective planning permission if all else fails.
My parents had a conservatory built several years ago and the builder assured them that he would take care of all of the necessary paperwork. Fastforward 12 years and my dad discovered that this wasn't done. He applied to the council and someone came out and looked at it and he got he necessary permissions. They were not selling at the time. You might struggle with timing if you have a buyer but I would talk to the council - not your solicitor - they will charge you in addition to the council fees.