Help! I’ve offered on a home that doesn’t have planning permission

[BriceNobeslovesMurielHeslop]

Would appreciate a handhold from any property minded Mumsnetters!
Ive had an offer accepted on a property that I absolutely love. It ticked every single box plus a few extras, I could really see myself there and although I was at the end of my budget I didn’t mind because it was just so perfect.
Except it doesn’t have planning permission for the conservatory. I thought it was a bit weird that three sales had already fallen through but I live in a city with a very competitive market and had just chalked it up to the current financial problems we are experiencing as a country.
I’m a bit gutted, but it’s a loss, isn’t it? I don’t plan on moving again soon, I thought this was my forever home, but I don’t want to buy somewhere I can’t sell in case of emergency. I don’t think I would get s mortgage for it anyway. I’m so cross at the vendors, it’s only because one of my solicitor’s colleagues recognised the address that I’ve found out at this point.

Can you get an indemnity against legal action?

Worst case scenario is you'd have to take it down and the impact of that depends on 1. How well integrated it is into the house and 2. How crucial the conservatory space is to you.

I wouldn't necessarily pull out because of it.

I was also going to say get an indemnity. We had to get one for a house and there were no problems at all selling the house on a few years later (which I was worried about).

Hey, not all conservatories need planning permission, it depends on the size and height of it. We have one and it didn't require planning permission as discovered by our solicitors

indemnity for it. I would be worried there is more though than just planning for a conservatory.

Also most mortgage lenders just need an indemnity for most permissions missing. They are very common

Do you mean planning permission or Building Regs?

Not all conservatories need PP - they are subject to the same rules as any other form of extension so can be built as permitted development if they meet the necessary requirements.

Why do you think it needs PP? Is it in a conservation area or AONB/National Park, Listed Building? New build property with no pd rights? On the front of the property? Or just really massive?!

You could probably apply for retrospective planning permission. Or make it a condition of purchase that the current owners apply for it.

Depends how big it is!

Our garage was converted to an office and gym without PP. It has been plasterboarded, decorated, has electric and internet but we told the lenders & solicitors that we were going to turn it back into a garage.

No indemnity required 😂 I kept the office and gym

Indemnity policy will probably be enough .. unless someone has drawn the problem to the attention of the local authority - in which case you probably can’t get an indemnity . Just ask the sellers solicitor what the deal is ! X

How long ago was it built? You can ask the current openers to apply for retrospective planning permission and wait to exchange until it's completed

is it a “proper” glass / wood / brick conservatory or can you just have it removed? It’ll no doubt massively improve the EPC if it goes anyway!

How long ago was the conservatory installed? This was flagged in my house purchase and my solicitor advised that because it was a certain amount of time since it had been installed it was unlikely to be an issue (12 years on it hasn’t been). The vendor said it hadn’t needed planning permission because it replaced an existing structure so wouldn’t pay for the insurance, but I decided it was worth it. However, I think planning laws have changed since then..

If you decide to get an indemnity, whatever you do don't call the council to ask about retro PP or anything. Once they know about it, you can't get an indemnity.

There was a post a while ago from someone who called the council in a panic to check if a loft conversion had building regs or something, and it scuppered the sellers being able to get an indemnity for her. Not sure what happened after that.

Did you notice if the other properties either side had conservatories? If so then it should be quite straight forward

If it's been there more than 4 years and the current owners can prove it (assuming they built it), then a Certificate of Lawfulness for an Existing Development would authorise it under the Planning legislation (it would be exempt from enforcement action). You apply to the planning department ,but the application relies purely on the evidence that it has existed for more than 4 years, rather than normal planning criteria like impact on neighbours etc.

1. how long has it been there - the enforcement period for lack of planning consent is 4 years.
2. Did it need planning? Is it a permitted development?
3. If less than 4 years and it needed planning why can’t you indemnify. Will cost about £30. Literally nobody cares. Unless there’s a massive drop feed about it being the millennium stadium.

You probably can get an indemnity, it will just be more expensive. An indemnity, is the quickest and most cost effective way to proceed. I agree.

The planning permission shouldn’t be so much of a problem as can be sorted by indemnity/retrospective planning/permitted development. Is this actually the problem or is it that it doesn’t have building regs or is built badly?

Lots of conservatories come under permitted development rules so no plan in is needed. Is it absolutely enormous or some other reason it would need planning?

She doesn’t say that’s why buyers have dropped out.

Thanks for your replies so far.

I should have mentioned that I live in Scotland so that will obviously make a difference.
It is a pretty sturdy conservatory, with glass windows but a brick and mortar lower half and steps out into the garden.
I think it’s been up since 2005.
It’s at the back of the house and doesn’t encroach on anybody’s views or anything. I’m not sure why they just didn’t apply at the time.

You need more details before you panic
When I sold mums house the buyers solicitor kept on telling me that they needed the separate planning permission for the conservatory but no planning permission or building regulations was required as it was original to the house so formed part of the original planning permission / BRegs it was just that the solicitor couldn't get their head round this

Planning permission can be obtained retrospectively if needed, it could easily fall under permitted development (depending on size and position) and therefore never needed it in the first place (solicitors aren't always au fait with this and err on the side of caution or if it's been up for years without complaint and other houses nearby have them it's unlikely to be ever enforced.

The only situations that would concern me are if it's particularly large, on a listed property or in a conservation area then I'd want a lot more info and probably retrospective consent before proceeding

Have the sellers obtained a letter if comfort from the local authority? This would probably be enough for your lenders.