Has any one ever bought a property knowing that a few minor things like windows do not have planning permission?

[Mycupoverrunswithlove]

If so, did your calculated risk that you wouldn't be asked to take them down pay off?
We are in the process of buying a house, and a few things have been done without permission as far as we can gather. I am inclined to take the risk as we really like the house and don't want to risk contacting the planning dept, and alerting them to something which they are very unlikely to discover iyswim

We bought our house knowing two of the windows weren't FENSA'd or given P.P, but who's going to know? They're windows FGS, We 'just assumed' they'd been put in post 2000!!!!

We think the risk is so low, but then you would kick yourself if you had to bear the cost of removing them. Thanks for posting.

Can't you get some sort of insurance to cover this? We got insurance as an extension was in breach of covenant.

Our solicitor made the vendor take out indemnity insurance against a window they had added to the extension and the conservatory as they had no proof of permission for either.

We're selling our house and have just discovered that we don't have the right piece of paper for some of our windows (irritating beyond belief as it was the only work which we paid a professional project manager to organise, all the stuff dh organised is perfect), so we are waiting to see what happens. I guess, either we will need to arrange some sort of inspection and apply retro-spectively or they'll have to come out and be replaced again
The house we are buying has had loads of things done to it without planning permission or building control. They say it was years and years ago, but I'm not sure if there is a date beyond which it's ok?

Millarkie, I was told, if whatever has been done has been there for 12 years you are okay.
Cece, maybe I could raise that with our solicitor. There are two windows that are potential problems, one is on side of the house and is less than the required distance away from the other house. The other one is at the front and replaced three windows, and does change the character of the front of the house, but most houses in the road have had similar done.
The vendor is a bit "oh its nothing, theres no problem there blah blah blah about it"

I must say our solicitor seemd to cover all the bases with regards to this sort of thing but it did delay the sale a bit as it is extra paper work. He siad the extension didn't need it because it had been built in 1972 and we bought in 2006

Our solicitor doesn't seem very keen to get involved Cece. Referred us back to our surveyor, who had already asked the vendors about planning permission. They say that the company that did the windows checked planning permission, I don't think this is right, why would the company bother?

bear in mind, that if you are selling the house in the future buyers could use it against you.

pesme, that is one of the things that worries me, but I guess if we are prepared to buy it, then some body would from us at a future date.

Is there any one else who has advice on this?

You could get indemnity insurance to cover it but apparently it doesn't always fully cover enforcement works. We're hopefully due to exchange on a house with a loft room built at the time of the house, but which possibly predates Building Regs so whilst there is a certificate for the staircase (replaced a couple of years later) there is nothing for the room itself. Cost of indemnity policy can be around £200 , normally split between parties although our vendor won't pay up, but you pass it one when you sell to cover the next owner. If you are unsure you can go to the Planning Office and ask but if you find there is none you cannot then take out the insurance ! You can look into it after completion though, I think.

Thanks Lizs

We unknowingly bought a house without PP for double glazing and it was a problem when we came to sell again. But because the windows had been in for a number of years the council just issued a 'Letter of Comfort' which basically waives their right to do anything about retrospective PP. That's with a Scottish Council, not sure if England's the same. I forget how much it was, just a few £'s I think.

However, another friend hit massive trouble when selling her house as the attic conversion didn't have a final Building Cert. She had to change all the doors to fire doors (in a lovely Victorian house ) and install a firewall upstairs. It cost a fortune.

Thanks Sudenim, it does worry me about resell, because if we let these vendors off the hook, our buyers in however many years time might not.
I think it is 12 years in England and Wales

and ironically we've just had to agree to an indemnity for non-FENSA windows for ours (one was replaced 2 years ago as part of a bathroom refit), cost £100

In reference to my first post mycup - no because you can get permission for windows post putting them in. It just costs a little extra, and it's too hard to prove anyway

Mycuo - if the window fitters were FENSA registered, then you just need a FENSA number and not planning permission. If you ring FENSA, they'll be able to tell you if your windows have been registered

We bought our house and discovered it had no planning permission for kitchen, (for a kitchen FFS, about the most important room in the house)

Anway we had to stump up for something called indemnity insurance, which was about £200.

Oh thank you funkimummy Just what I want to hear really

That's OK. They're really helpful. They'll tell you if the co who installed them are FENSA registered. If they are, and your windows haven't been done, you can get in contact with the co (and FENSA will also) and it can be registered within minutes.

Good luck

Our vendor did not have P.P for the gargae conversion on the house so our solicitor insisted they take an indemnity policy - like cece said. I think you should change solicitors if they are not interested in your problem

Presumably you run the risk of your vendors walking away, if you play hard ball/ I can't work it, if it is worth getting them to do something like this, which will take more time, or if we should just not worry too much.
I am emailing my solicitor today, so will see what she says

It's a simple question that your solicitor should be asking. If their windows were put in post 2000, they'll need to have PP or be FENSA'd. It won't take long at all to find out, and would just come across as a preliminary enquiry. You're well within your rights to find out. Go for it.

and they shouldn't walk away. We had similar prob when selling our house (our window co had forgotten to FENSA windows.) so we got onto FENSA, played hardball with the window co, and got what we asked for. Buyer was chuffed to bits.