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Extension without planning permission- WWYD?

9 replies

oreo2020 · 24/08/2021 10:13

A house buying nightmare.
Offered at the end of last year. The vendors were on and off until they finally pull it together and sorted their end of chain. I had lost my buyer in the meantime and got another one who's been patient and wonderful.

The searches just came back. The extension (a 4th bedroom above the garage) has no planning permission! I could probably get a certificate of lawful development, however the extension is ugly and needs reworking and if a new planning application (for alternations) submitted to the council, it's likely to be refused.

So I've got 3 options:
Pull out
Live with the ugly extension providing a certificate of lawful development is possible
Reduce my offer with the intention of demolishing the extension after moving in (so effectively reducing 4 bedrooms to 3)

Tempted with demolishing option at the moment as the house is good otherwise and 4th bedroom possible in the loft, however am I opening a can of worms here? No clue what k would be getting myself into.

Any similar experiences please?

OP posts:
VanCleefArpels · 24/08/2021 10:17

It’s unlikely the owners would accept an offer along the lines of a 3 bed as it will impact their onward purchase. The ugliness of it was obviously apparent to you when you made an offer so priced in already as far as you are concerned. Getting the retrospective permission will add time and expense to the process. Can you afford the costs of demolition plus the attic room? If the current extension had had proper permission would you even be considering demolishing it? You need to weigh up the impact of this on the chain as a whole versus your love for this particular house.

Mayhemmumma · 24/08/2021 10:20

How long ago was work done?

Daftasabroom · 24/08/2021 10:23

If it was built without planning it is highly likely it was also built without building regs inspection and sign off. This would mean you would not be able to insure that room as "habitable". It shouldn't count as a bedroom. I suspect you are buying a three bedroom property with over garage storage not a four bed.

I would ask at the very least to see the building reg certificate.

oreo2020 · 24/08/2021 10:24

@VanCleefArpels
Yes the ugliness was apparent however I thought I will raise the floor level, add nice roof and it will look great - none of which would be possible as the extension itself would be most likely refused if I put in a planning application.

I do like the house but demolition sounds a big job (not sure how expensive).

OP posts:
ivykaty44 · 24/08/2021 10:28

Go back to the vendor and state you'll reduce your offer in line with 3 bedroomed properties as its not got building regs or planning permission and therefore uninsurable and worthless

not as if this isn't going to come up time and time again each sale when it gets to searches

StylishMummy · 24/08/2021 10:28

Pull out - is it really worth the agg?

TwoLeftSocksWithHoles · 24/08/2021 10:53

Also speak with the Estate Agent, they shouldn't be marketing it as a four-bedroom house but three-bedroom plus storage.

Without planning permission there is a risk of course that it may have to be demolished in any case. Although could it have been built under 'permitted developments rights'? It would still need to comply with building regs though,

I tend to think if people build ugly extensions they possibly don't care much about doing the rest of it properly.

tryingtocatchthewind · 24/08/2021 11:38

If it’s been there more than 4 years then it will be granted the certificate of lawful development by virtue of time.
This then gives you a fall back position for a new application. Effectively a planning officer needs to decide whether to grant planning permission and thereby make it look nicer or you will likely leave it as it is. Planning can’t make you pull it down if it’s been there more than 4 years.

I would certainly check building regs though as if it is unsafe then there is no fall back position

TwoLeftSocksWithHoles · 24/08/2021 12:02

I don't think it is guaranteed but...

The '4 Year Rule' allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.

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