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Can the council take enforcement action against extensions 10 yrs +

4 replies

BlueFishRedFish · 20/06/2021 11:29

We are selling 2 places and moving into one larger one.

We've found somewhere and made an offer. It was owned by one lady her whole life and once her kids left home she started letting the rooms to language students and built extra extensions everywhere - 2 downstairs and one upstairs, all plastic roofed, not thick enough walls/insulation. Not sure what the foundations are but doubt those are done properly either. They also go out further than any other extension on the street and no one else has the 1st floor extension they have done. It's a conservation area too.

On the property form the sellers ticked 'no extensions' Hmm and no issues with building control.

The solicitor has told us that as they are older than 10 yrs it should not be an issue. We would like to rebuild them properly so there is no point getting indemnity insurance as we will be making the planners aware.

We spoke to an architect whose firm also does planning about rebuilding them and they think the council will be fine as it's improving the look of the building. Problem i am concerned about is that the planners say no and then insist we pull them down for not meeting regs/potentially being unsafe in their eyes (despite standing for decades).

No one can tell us if this is a likely outcome or not because there is this 10 year rule but once they are aware, it does appear they can take action but I can't find any criteria about when they do.

Has anyone experienced this?

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Livingintheclouds · 20/06/2021 11:41

No, but why don't you call the planning office and ask? You will have to do so anyway. I think they won't bother with what is there now, but as soon as you apply to change things then it will be like the current extensions don't exist, so any rules about sizes of extensions will come in to play.

BlueFishRedFish · 20/06/2021 12:01

We can't speak to them about it till we own it so unfortunately need to wait! It's in the same borough that I live in now and I've had some exposure with them when we did our extension but I guess we won't know till we actually get to the point of owning it (if we get there!).

The architect/planners we spoke to have done other work on the street so were fairly confident but I know these planners can be tricky!

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CrimsonImp · 20/06/2021 12:07

I'm not sure if the conservation area status changes things, but normally they wouldn't be able to enforce their removal this many years after construction. But if you couldn't get permission to replace would you want to keep them anyway?

BlueFishRedFish · 20/06/2021 12:54

The ones downstairs we could definitely live without. We will need to rebuild the whole downstairs anyway (think plumbing and electrics from the 1960s!) and it is likely we would get permission for downstairs.

The upstairs one adds an extra bathroom on the 1st floor - it is definitely a nice to have but if we had to take it down it wouldn't be a show stopper (there's another bathroom on that floor). That's the one most at risk I think.

Whole house really needs gutting and then starting again but we will need to live in it and do it piece by piece.

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