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Buying a house with no proof of planning permission

15 replies

PerpetualCircle · 29/02/2020 18:36

Seen a gorgeous house for sale within my budget, but the advert contains the following statement:
‘We are presently unable to confirm wether planning permission or appropriate building regulation consents were obtained when altering the property. We do not hold on file nor have we had sight of any relevant supporting documents. Interested parties should satisfy themselves in this regard via their own legal representative.’

The house has a dormer extension and a tanked cellar converted into a utility room. Anyone ever had similar experience regarding buying a converted property?

OP posts:
MarieG10 · 01/03/2020 07:14

If it has planning consent it should be online with the local authority. That is unless it didn't need it and was within permitted development but I think the building regs confirmation should still be.

How long ago was it converted/extended

joystir59 · 01/03/2020 07:23

Your solicitor can ask the buyers solicitor for an indemnity to cover the lack of building regs certification in case relevant authorities coming after you for this. You need a surveyor to tell you if work was done to a good standard.

joystir59 · 01/03/2020 07:24

Sorry, seller's solicitor, not buyer's.

CanIHaveATiaraPlease · 01/03/2020 07:27

I was coming onto say about indemnity insurance but see I’ve been beaten to it.

wowfudge · 01/03/2020 07:35

Does the EA put this on all their adverts where a house has been extended/altered or is the a one off? Sounds like a fairly typical caveat by an EA to me. They don't check the title or do anything your solicitor or conveyancer would do. If it is a one-off it suggests the seller is concerned.

tryingtocatchthewind · 01/03/2020 07:49

After 4 years any extensions become immune from planning enforcement. How long ago was it built? It would also require a neighbour or someone to complain, planning act on complaints, they don’t go hunting around for irregularities.

In terms of building control, you can get it inspected retrospectively. It’s called regularisation, a council inspector will come and have a look and see if it complies as best as they can see.
There’s also insurance you can get to cover you.
I wouldn’t worry at all about the planning permission but I’d investigate the building regs, especially for the cellar

isabellerossignol · 01/03/2020 07:52

If you need a mortgage, the lender might refuse to lend unless proof can be obtained, or retrospective permission granted.

Zarara · 01/03/2020 07:57

I agree with pp I wouldn’t be to bothered by the lack of planning permission if it’s been over 4 years and there is proof of this. I would be concerned about the building regs because whilst you can do it retrospectively sometimes they need to open up walls floors to check joists etc so you would have to factor in the cost of this as well as any work that needs doing/rectifying to bring it up to building control standards

PotteringAlong · 01/03/2020 08:01

I would just find a different house.

ElderAve · 01/03/2020 08:04

I think agents put this on most ads where work has been done. It's down to your solicitor to be satisfied that everything is in place. The EA wouldn't usually check.

Soontobe60 · 01/03/2020 08:05

Our house has an extension and a converted loft but there was no evidence of planning permission available when we bought it. The vendors just got indemnity insurance to satisfy the mortgage company. As this work was done several years ago, there was no issue about the lack of PP.
if in your case this is new work, then speak to the vendors about them obtaining retrospective building regs certification.

Wigeon · 01/03/2020 08:14

That sounds like standard wording to make clear it’s your responsibility (via your solicitor) to do all the usual checks before you buy the property, especially where there have been alterations.

Do other ads for houses with extensions from that agent use the same wording? Or ring the agent to check that it’s standard wording?

CalamityJune · 01/03/2020 08:33

Agree that it sounds like a standard thing from the estate agent so that it's clear that it's not their responsibility.

It would be part of your checks anyway if you wanted to buy it.

TheGreatWave · 01/03/2020 12:12

Yes standard blurb.

Go to your local authority website planning page and do a good advanced search (a map search is often easier) and see what comes up. I often look up planning permissions, I find them really interesting.

PerpetualCircle · 01/03/2020 12:31

Thank you all for good advice.

I am a Rightmove addict, ( even before looking to buy!)but never seen this statement on listings in our area.

I haven’t booked a viewing yet as the statement put me off, like the idea of the vendors obtaining retrospective building certification though.

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