Nightmare - think we did work without planning.

[affinia]

About 7years ago we put in a completely new window in the side of our house. The opening was made by builder & window put in by Anglian. We asked Anglian rep whether we needed any permission and they said no. After looking at another thread it looks like it should never have been done as its an opening (high opening), non obscured window.

Anyway does anyone know if there is a time period after which authorities accept work? No neighbours have ever complained etc??

Feel sick, at the time we were having lots of work done and can't believe we didn't check this one point with the council ourselves.

Any advice would be appreciated!

5 years so you are fine!

Really, that would be an unbelievable relief?? Its that simple?! I've been trying to get through to council to ask but no answer. The house is on the market so not something I can bury my head in the sand about.

We've got a minor building regs issue on another part of the house which requires indemnity insurance (not done by us) so really don't need another off putting issue, although I suppose it will come up anyway.

I think your best option is to do nothing. I would have thought the worst that could happen is that the local council enforcement team get wind of it and advise you to submit a retrospective planning application or obtain lawful development certificate. big thing in your favour is neighbours haven't complained, so it can't be too bad. due to cutbacks/efficiencies etc there is not the manpower in local authorities these days to go out looking for things like this and take action. I think there is no need for you to worry much about this, the consequences will not be dire.

Thank you both for replying, both lowering my blood pressure!

Poshpenny - I'm presuming that when we sell though (on the market) we'll have to declare the work and then it will become apparent that there was no planning permission?

Yes, its that simple. Its actually after 4 years so start of year 5. If you want to make everything legit for sale you can get a Lawful development certificate. This simply certifies that the work you've done is outside the timeframe for enforcement action anymore and therefore is now lawful. See guidance here:

www.planningportal.gov.uk/uploads/1app/guidance/guidance_note-lawful_development_certificates.pdf

I doubt the council will do anything about it but it might put buyers off. Although insurance should sort it. Can't remember what type of insurance it is. Ask your solicitor.

You can pay for an indemnity or something for the buyer - their solicitor will want it if you have no planning perms for anything. If it was within the 5yrs you would have had a much bigger issue.

forums.moneysavingexpert.com/showthread.php?t=159930

If you are lucky enough to have a cash buyer their sol may not bother - it's really mortgage companies covering their bums. HTH.

You will have to declare it on the legal papers as it asks the question 'have you made any alterations to the property'. I have fallen foul of this myself and it was problematic when we came to sell, but not with the council as the work we did was within permitted development and I just got a letter from them to confirm that it was okay. The problem comes if the house is leasehold as you are supposed to have permission from the leaseholder (there is no five year exclusion period for this as far as I am aware). The leaseholder can refuse retrospective permission or fine you or just be nice and allow it retrospectively.

I Have had to get indemnity insurance as a precaution a couple of times when selling houses where the work could be considered outside permitted development and/or time. Usually costs around £150-£250 but if you are trying to sell gets you to the point of completion. Up to the purchasers solicitor to accept the cover is effective or not but I've never had any issues. Make sure you have the FENSA cert for the window though as solicitors seem very keen on ensuring you have these!

As long as your home isn't listed or in a conservation area, the 5 year rule applies (England and Wales).

I'm surprised none of your neighbours noticed.

In any event you can always apply for retrospective planning consent if you happen to do some work and later discover it need it. It's far from
Ideal obviously.

Do nothing. Don't mention its new. Does it over look anyone who might complain? I think it will be fine. I am a property renovator and in teh beginning I did many things in error and tbh nothing ever happened!

Thanks so much. We are the free holders, the neighbours noticed at the time but didn't mind at all. So I suppose we declare it, explain situation re thinking it was permitted and 5 year rule.

Lion, thank you for the link. In that it seems to suggest that missing building regs approval is also not enforceable after 12 months? Is this true too? I remember this being an issue when we bought the place and vendors paying for indemnity even though done years ago. This indemnity stuff is very odd.