Buying a house with possible planning issues?

[AnnieVid]

We have had our mortgage approved and valuation done on a property we really wanted to buy.

A rather large cabin in the back garden was quite important in our decision to buy. The house has no garage, so the cabin would provide storage etc. However, there's no planning consent that we're aware of, and it exceeds 10 sq metres, potentially exceeds 2.5 metres in height, and is certainly less that 2 metres form the boundary which I believe are considerations for whether it needs permission or not.

We await a response from the solicitors about why it's there and under what permission.The estate agents is being very flaky (having been very hot to answer any query early on) However I did read elsewhere about a 4 or 5 year rule, and that if the council doesn't issue an enforcement notice within that time they can't do so afterward. Would this mean that we were safe to buy ?

Your solicitor could suggest they get an indemnity policy for it which although it doesn't cover the structure in terms of the quality of the build it does insure against the local council being able to make you take it down.In order to do this though you can't approach the council asking about it or the insurance will be void

Thank you Noddy I had heard that the IP's were useless and not worth the paper they're printed on!

They are if you think they will cover you for example if a loft conversion turns out to be badly built.It has no effect on the build only the fact that it is there so even if it is a pile of poo you can keep it up!

What does the indemnity policy cover exactly? I thought it was legal expenses if you were told to take it down by the LA - it can't actually stop the LA from getting you a court order to take it down, can it? Genuinely interested.

The policy insures against the council being able to take action to rectify the breach and doesn't insure against any structural problems

So it can over-ride planning consent and building regs?

the first thing you need to know is when the building was constructed. If it pre-dates Oct 2008 then the planning legislation had different rules than the measurements you've mentioned. If it has been there for over 4yrs then it will be immune from any planning enforcement.

Squashed frogs yes I had read that somewhere. I'm pretty sure the owners said 2006 just after they also did an extension.

DH thinks we should get the owners to sign an affidavit confirming date of construction.

It can over ride them yes which seems incredible.I have sold 3 houses now with walls removed and loft rooms etc and all were properly done but no regs and an indemnity policy was sufficient for the buyers

If it were more than 5m from the house then wouldn't have needed planning permission in 2006 so long as:

1. not in conservation area
2. less than 4m high if roof pitched, 3m in any other case
3. doesn't overhang boundary
4. not nearer any highway which abounds the property
5. doesn't cover more than 50% of the plot

IN terms of 4) - not nearer any highway that that part of the existing house nearest to that boundary

Thank you Pooka, I didn't know that- it is about 20 meters from the residence.

I have just had confirmation (via e mail) that is was constructed in 2003 and owners are happy to sign something to this effect.

It does have a pitched roof but I'm certain it's not higher than 4 metres- 3.5 I'd say nearer.

We are going in on Tuesday to measure it ourselves.

Many thanks.

Well on every level you're clear then - 4 year rule and it not needing permission in first place. :)