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.

In England, it matters whether the house's central heating goes into it, however small it is......

One of the failed sales definitely was because of this, the way he tells it, the couple in question dropped their offer and we’re being unreasonable, demanding inspections etc.
It now is pretty obvious that there were no inspections in place, and that they couldn’t get a mortgage for the full amount because he didn’t have the paperwork in place. Although hopefully he has learnt his lesson.

*were

That’s interesting- there’s no central heating in it.

Have you completed missives?

No, the offer was only accepted yesterday. My solicitor flagged this up when he phoned to let me know the offer had been accepted

I was in the same position a few years ago. I got indemnity cover (vendor paid for it) and completed the sale. Still in the house - no regrets whatsoever!

What is your solicitor saying? They should surely be giving you some options. I had similar with an extension for a house I bought a year or so ago.

Indemnity wasn’t an option for us, but we did managed to get the seller to apply for retrospective certificates for the council. Took 3/4 months with ALOT of chasing! Luckily their architect still had all the paperwork and stages photos/surveys.

Ive also sold a house with structural changes and an indemnity was all we needed/requested by buyers. Cost £40.

Should say I’m also in Scotland.

There’s only a few criteria for conservatories, as long as it’s not higher than current roof and is less than 4x4m then it doesn’t need planning. So I don’t see why and indemnity wouldn’t be fine here.

It is unlikely to be subject to enforcement action 18 years on. It may not have needed pp but come under permitted development and buildings regs, Worst case scenario it requires replacement but as your forever home it probably would at sone point anyway.

BriceNobeslovesMurielHeslop · Today 11:16
No, the offer was only accepted yesterday. My solicitor flagged this up when he phoned to let me know the offer had been accepted”

In which case I’d instruct solicitor not to do so until the matter is resolved to your satisfaction.
This one is in the vendor to deal with.

"@BlueMongoose
In England, it matters whether the house's central heating goes into it, however small it is....."
That's building regulations legislation rather than planning.
It's to do with how energy efficient the structure is.
If it's open to another room and connected to the central heating then it has to meet higher thermal regulations than a conservatory with external doors between it and the main house and separate heating which can meet lower levels of regs.
Often this is complicated by people removing the doors to 'open up the space' without realising this means that technically they need to upgrade the structure thermally to meet building regs - there is little enforcement of this after building works takes place though so it happens a lot.

Err - that's Building Regs.

Planning couldn't care less whether there is central heating.

I'm not familiar with the Scottish system though - I know there are differences from the English system .

Theres absolutely no prospect of enforcement action for lack of planning after 18 years. The local authority are not able to start enforcement action after that period of time has elapsed. There’s therefore no risk to lenders. I highly doubt a lender would refuse to lend for lack of PP for a conservatory anyway. It’s incredibly common hence the indemnities are so cheap.

If the prev buyer was refused a mortgage it’s almost certainly for another reason.

Thank you for your help and support.
After chatting with my solicitor (and only understanding about half of what he was saying 😂) I’ve made the decision to step away. That at least one sale has fallen through due to this and the paperwork still isn’t in place smells a bit fishy, and the solicitor actually said he didn’t think it should be being marketed as it stood.

I had bid a significant amount over asking because I liked it so much- enough that I could probably do most of the alterations for less money!

Im a sole buyer and it’s too big a risk for me. I’m a bit glum tonight but onwards and upwards, I have a pre-planned weekend away with my pal this weekend which now I can enjoy without worrying about getting my flat under offer within four weeks (one of the stipulations they had set out for accepting my offer!)

I actually was the second highest bidder so hopefully the top bidder will be in a position to be a bit more cavalier, and everybody will end up happy xxx

Your solicitor is 100 correct, given the Scottish system. Step away.

When I bought my house the owners applied for and got retrospective building regs for conservatory. Scotland as well.

@Badbudgeter One of the worries though is that they haven’t done this after several sales have fallen through. My solicitor thought that was a red flag.

It may not actually require planning permission and it could have been built under permitted development rights.

All the evidence doesn’t point to that though, does it?
If that was the case, surely I wouldn’t be having this problem now. My solicitor was very clear that he didn’t think things added up, and I trust his judgement. I’m very green when it comes to things like this, but that all the paperwork wasn’t in place was definitely making me itchy.

Does it need planning permission? You don’t need planning permission as often as you used to now - I think it’ll depend on size of the conservatory.

As others have said though ask the vendor to pay for an indemnity.

I came back to add this! I work in the planning department and coincidentally, had my 1-1 with my manager today. I didn't talk about this post, but during the course of the conversation he told me about a case he's worked on in a previous job where the structure had been in place for more than four years, and therefore the householder couldn't be made to remove it because they could prove it had been there for that long.

If it’s been in situ for all those years, I can’t see an issue with it, most are not subject to PP, in any case. See if you can take out an indemnity policy, to cover you just in case.

OP has since clarified she is in Scotland. My advice is for the English system. I know there are differences between the two.