Decking & planning permission

[ladylockdown]

When we moved into our house (10 years ago, freehold) there was a crumbly, slightly elevated concrete patio at the end of the garden. DH bought some decking and decked over it.
We are now selling & the buyer's solicitors have requested that we show planning permission as the decking is 4cm higher than the legal requirement that you don't have to seek planning permission for.
We honestly didn't know this was a thing!
Obviously for extensions etc but not for decking?
What do we do now? Rip it off? Or seek retrospective planning? Is this a long/expensive process?
Can any one in the know please advise. Thank you so much!

The legal height for decking is probably referring to the height limit of a raised platform you are making from scratch. I can’t remember what it is exactly..maybe 18 inches.

I would think if you are installing onto a pre existing patio that will not apply. I’m not a planning officer though.

Google says it can't be more than 30cm above 'ground level', our decking is 34...
DH wants to rip it off & rebuild it but I think this seems a waste of our money when we're moving? I don't know what to do

Yeah you needed planning permission but you can probably put in planning permission in for it now.
We recently had decking put in and we had to make sure it wasn't more than 30cm above ground level because ours has gone on top of a risen area of the garden. It comes just under the limit.

There's a lot of things people don't realise planning permission is needed for.

You can apply for retrospective planning permission, I don’t know how long it takes (sorry). Ring the council and ask.

I would think the age of the original platform/patio will be relevant. Once something has been there for decades without any planning challenges the situation is different.

Google planning permission 10 year rule.

Has your solicitor suggested an indemnity policy? Inexpensive and quick for something that’s unlikely to attract enforcement action

Ooh thanks @Catfox1, will look into that. At the moment we've just had 'enquires' from the buyers' solicitors which sent me into panic mode. If there is a way round this that would be great!

I had something similar when I bought my house OP. The sellers at the time told my solicitor that the decking was probably not over 30cm but they weren't sure and that it was not a permanent structure.

My solicitor advised that it was unlikely the council would ask me to remove it but to be aware that they could do and I could
A) choose to accept this risk
B) ask the sellers to seek retrospective planning (that they could refuse to do and would hold up the sale)
C) ask for an indemnity policy

I chose to accept the risk. I am consequently selling the house 8 years later and my buyers' solicitor has asked a similar question. I told them what my solicitor said when I purchased and they have not come back with any further comment so seems its all good.

@ladylockdown

Ooh thanks *@Catfox1*, will look into that. At the moment we've just had 'enquires' from the buyers' solicitors which sent me into panic mode. If there is a way round this that would be great!

Indemnity insurance is what you need. If you contact the planning office about this and they refuse retrospective planning, you won’t be able to get indemnity insurance, and will probably have to remove it.

If it’s been there more than 4 years the council have lost the right to take enforcement action. I’d stand firm and explain that to your buyer.

Thanks all, some reassuring posts. We've sent our replies to the enquiries and now waiting to hear back for next steps, but from below it sounds like we have some options 🤞🏻