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Original poster

Will this delay completion? So stressed out.

42 replies

BeautifulLiar · 06/12/2017 06:09

So far the solicitors have been rather positive about us completing on December 15th. There's no chain and the vendor is "vey laid-back". We've put lots of things in place to be able to move that weekend.

Got the contracts etc to sign yesterday. V excited. Until I read through them.

They've enclosed a letter that they've sent to the vendor's solicitor (only on Monday ffs). Apparently our solicitor can't find any planning permission for the large extension on the house (which was done in 1999?! Vendors moved in in 2015).

Solicitors have stated in the contract etc that they will not exchange without this issue sorted out. It's never been mentioned to us and we were told that the searches had all come back fine.

Any chance of us still being able to complete in nine days? :(

OP posts:
scurryfunge · 06/12/2017 06:24

We bought a house where planning consent could not be found for a loft conversion. It made no difference as the conversion had been done many years before.

Perkyduck131 · 06/12/2017 06:41

Oh no! We had something similar, literally this time last year (it was for a window we'd had put in the kitchen and didn't realise it would need PP) In the end we got indemnity insurance and it didn't cause a huge delay but is obviously an additional cost. Some councils can offer retrospective pp (not sure as far back as 99 though) but this would take a good few weeks.

So frustrating for you-
Hope it works out.

Lillylollylandy · 06/12/2017 06:43

Don’t do anything without speaking to the solicitor. If you approach the council to ask about backdating planning permission then you can’t get indemnity insurance.

teaandcakeat8 · 06/12/2017 06:45

Ask your solicitor today about indemnity insurance.

My exchange was delayed for weeks because a document relating to the leasehold was missing and the vendor couldn't find it. After going back and forth for weeks and paying out more rent my estate agent mentioned that indemnity could be an option. I asked my solicitor and it was only £8.99 extra to take out!

Many indemnities are incredibly cheap so if it's an option could force the sale through much faster.

AJPTaylor · 06/12/2017 06:50

Be a bit cautious. Have you had a full survey done? Because whilst Pp might just seem like a peice of paper along with it goes building regulation which makes sure your large extension has been built safely and correctly.

Original poster
BeautifulLiar · 06/12/2017 07:02

The survey was done a few weeks ago and came back surprisingly well. The surveyor actually rang DP during it to say we've got a good house for a good price. He also wrote in his survey that he thinks it would be absolutely fine to convert the extension into a playroom (it's more of a garage atm!) So I'm sure it's built solidly etc.

Oh god, we really don't need this delay. In total limbo re Christmas. The DC are due to start their new school in January.

I have heard of this indemnity insurance. Can that be done quickly then?

Thanks for the quick replies. I am having a shit week anyway and keep crying about this!

OP posts:
Original poster
BeautifulLiar · 06/12/2017 07:04

Definitely not going to approach the council. Surely after 18 years they can't enforce anything anyway?!

OP posts:
wowfudge · 06/12/2017 07:13

Speak to the solicitor - this must be something to do with the mortgage company's conditions for exchange. As it was so long ago, it isn't relevant now in terms of planning permission - building regs are likely to be more of an issue and you can get an indemnity for that. There might be a record of the pp on the council's website. Worth having a look.

Original poster
BeautifulLiar · 06/12/2017 07:19

Thanks fudge. We will be harassing the solicitor from 9am! I did wonder if it was to satisfy the lender? Is it something that can be done in a day? What if the vendors don't reply quickly?! I did look on Google but can't find anything?

OP posts:
teaandcakeat8 · 06/12/2017 07:22

If you agree to the cost (solicitor will find this out) I think it can be sorted same day.

wowfudge · 06/12/2017 07:22

I wouldn't speculate - see what the solicitor has to say. In the meantime, you can see if you can find anything regarding planning permission. Sometimes just googling the address and planning application is enough. But, it sounds as though there isn't pp if the searches haven't returned it. Focus on what needs to be done to satisfy the lender, if that's the issue.

pullingmyhairout1 · 06/12/2017 07:23

Indemnity should do it even if you have to pay it.

wowfudge · 06/12/2017 07:23

The solicitor will literally look in a file of indemnity policies and tell you how much it costs. Typically around £150 max iirc.

whyismykid · 06/12/2017 07:27

Obviously ask your
Solicitor, but we accidentally had a side wall coated in waterproofing render as it was cheaper than fixing pointing and replacing bricks etc without planning permission (got full planning for our extension, just didn't think we needed it for this!) and when we sold, the council wrote a letter saying that they wouldn't pursue the case. Maybe your sellers could ask for something like that?

Original poster
BeautifulLiar · 06/12/2017 07:28

Thank you!

Ok, I've found the planning permission. It WAS in 1999 (on my birthday!)

However, I'd forgotten what exactly it says in the solicitors letter. Something about how the planning permission was for:

PLANNING APPLICATION TO ERECT EXTENSION TO DWELLING AT 1ST FLOOR LEVEL. (TO FORM ADDITIONAL BEDROOM WITH EN-SUITE BATHROOM OVER).

But the extension is actually a "double storey extension" and I don't think there's planning permission for that?? What's the bloody difference?!

OP posts:
scurryfunge · 06/12/2017 07:33

The planning says at first floor so is 2 levels....seems right.

Original poster
BeautifulLiar · 06/12/2017 07:34

Unless the garage bit underneath was built before 1999, and THAT part doesn't have planning permission?

OP posts:
wowfudge · 06/12/2017 07:35

I think it's semantics - sounds like it was first floor extension on top of part of the existing house at the time at ground floor level. Potentially a fuss about nothing - the solicitor thinks the pp doesn't match up with what's there. Are the drawings of the existing and proposed elevations there? Do the existing show a ground floor extension? If so, it sounds to me as though your solicitors possibly haven't properly read the documents.

wowfudge · 06/12/2017 07:36

If the garage doesn't have pp, you know it is pre 1999 and that the planners will have seen its existence on the application for the first floor extension. What exactly does the solicitor's letter say?

Original poster
BeautifulLiar · 06/12/2017 07:42

Here's the letter to the vendor's solicitor

Will this delay completion? So stressed out.
OP posts:
wowfudge · 06/12/2017 07:48

Right - so look at the documents attached to the planning application that you've found as it's pretty clear to me you can't build at first floor level unless there's something at ground floor level to support it! Your solicitors have said they couldn't find the actual application details - do you now have them? It's the ground floor of the extension that concerns them more and the lack of completion certificate for the first floor. Tbh I think this is a storm in a teacup. It was such a long time ago and I'm pretty sure you can cover this off with an indemnity. Did solicitor discuss this with you and ask what you wanted to do before they sent the letter?

Original poster
BeautifulLiar · 06/12/2017 08:01

Nope - it wasn't mentioned at ALL, we were told everything should be good to go for the 15th and that there were no issues with the searches?!

I can't open any more details on the planning portal. It says I need Flash or something. Might work on the laptop?

OP posts:
Equimum · 06/12/2017 08:13

We had similar. We were told not to approach council, and our solicitor arranged indemnity insurance within a day or two. It cost a small fee, but was painless and didn’t slow anything down.

Good luck

Original poster
BeautifulLiar · 06/12/2017 08:17

Oh I could hug you Equimum. Really, really hope it's the same for us

OP posts:
Knittedbreasts · 06/12/2017 09:09

Do not contact the council, if there isn't any it becomes official. Offer indemnity