Lack of planning permission application

[trodalong]

Hi, I am currently looking to buy and wanted to know about planning permission applications.

The house I like has been extended, loft and rear extension. I have checked the borough council and no planning application was ever made for either of these extensions. The house next door has had similar extensions and I can see that they obtained planning permission.

Does the lack of a planning application mean that that the extension is illegal and if I wanted to extend in the future, the borough council could object and I would have to apply for retrospective planning?

Thanks!

Be very careful and don't rely on the hope of getting retrospective planning. Councils can and do refuse, even if your neighbour has done the same thing. And appealing can be very expensive.

Check out permitted development. It might have been done under that.

It might have been done under permitted development.

It would still need building regs approval though. Has it been given a completion certificate?

If it has been there for more than 10 years it is exempt from enforcement action under the planning legislation. You could apply for a Certificate of Lawfulness to get it authorised.

If it is less than 10 years old, and wasn't covered by the permitted development rights in force at the time, a retrospective application will be needed, which the Council could refuse and then take enforcement action to seek its removal.

The period for immunity is four years unless there was a condition on the house when built. Which is unlikely unless it was within the last 20 years.

HLF Planning Ltd can sort this for the sellers in 8 weeks if needed.

I'd personally avoid but you can get vendor to buy an indemnity policy.