Buying a property with a 1960s extension and no planning permission

[DeftWriter]

I am considering buying a property with a small extension that the seller says was built in the 1960s but there is no planning permission. I'm looking into this and not sure whether to request the seller obtains a certificate of lawful development. It would appear to me to fall under permitted development anyway as its single story the property is detached and it falls under 4m in projection and height. They have offered an idemnity policy but its not clear if this would cover the cost of taking it down, then re-building with planning permission. Is it unreasonable to ask they apply for a certificate of lawful development? The solicitor isn't very helpful they just want to push through the transaction.

If it’s been there since the 60s and nobody’s questioned it I think it’s fine!

I'd take the indemnity insurance out and not worry about it. It's been there a long time, looks like it's within the size you wouldn't need permission for anyway.
Even things like building regs would be entirely different to current standards.
If you're concerned - ask a planner for an opinion, I very much doubt that they would bother with enforcement or even if they have authority to enforce after so long.

We had this. Indeminity policy is very normal especially as so long ago. Policy should be paid for by seller but its peanuts in the grand scheme of things. Trying to get anything else is likely to take ages and the seller might sell to someone else.

Its very common. The cost of the policy reflects the likelyhood of any claims

Did the current owners build it- or it was there when they bought it? Anything on their deeds or purchasing paperwork about it?

It would be totally immune from any planning or building control enforcement action after all this time.
It's very likely it was Permitted Development at the time but people wouldn't have got a Lawful Development Certificate - at best a letter from the council which they'd have no records of now

Has the seller been there 60 years? If not, then they bought it without planning permission too. If no one has said anything for 60 years then pretty safe to say it’s fine.

This is funny ….. 60 years ago 😂.

No authority is going to enforce on something that long ago. Tbh it seems likely you would need to replace it soon anyway.

The permitted development rules would have been completely different in the 1960s so it's no use looking at today's regulations.

Under planning legislation, if the extension has existed for more than 10 years it is exempt from enforcement action. Not sure about Building regs, but it is extremely unlikely that action would be taken after such a long period.

diy. It sometimes IS a concern even after all this time. We had this during our last sale. Lots of misunderstanding and ours was done over 60's years too

Thank you so much for all the advice I really love the house and it appears the only reasonable option is to get indemnity insurance then sort it when I move in. It's a small extension at the back but it contains the kitchen. I may have to demolish and rebuild worst case but at least with the policy the cost of demolition is covered so it might be a good thing

You do not even need indemnity insurance as it is so old. The indemnity will not pay for demolition, it will only do that if you are told to do so by authorities - which with a 1960's extension you will not be.

The Indemnity is against legally enforced demolition not if you want to demolish and rebuild the extension. Tbh it is pretty useless in your scenario so hope vendors are paying,

Indemnity insurance for what? It won't meet code and it doesn't need to. Get a survey done and if it's sound it's sound. Forget about the insurance it's not going to help at all.

There's good reason the solicitor is saying to just push through with the transaction. On a structure that old, all of this about planning, building regs etc is totally irrelevant. No-one can or will take any enforcement action on a 60 year-old structure. With an extension of that age you should be checking structural condition and thinking about deterioration and whether it's been maintained (as with the rest of the property), not paperwork!

Yes its actually well maintained and looks a good build. I was going to get an electrical condition report on the whole property before I move in and I've booked a Level 3 Survey so doing all I can. I'm just concerned when I get in there I'll want to apply for planning permission to rebuild/sort it out and the council will then it flag up as existing in breach of planning without a certificate of lawful development. I think I'll need to get a certificate of lawful development and building regulations no action letter after I move in with the backing of an indemnity policy that would pay for demolition at least or ask the seller to obtain a certificate of lawful development and a no action letter from building control, which as you say they really can't refuse provided the seller can produce evidence of continuous use for more than 10 years. My solicitor has said either option indemnity or ask the seller to apply for the certificate of lawfulness. I've budgeted to renovate the bungalow but didn't want to have to face issues with the council from the get go. You'd be surprised how they might react, I've a lot of experience with building and renovation.

Don't talk to anyone official about it if you plan to take the indemnity insurance option, it invalidates it.

No you won't get a payout from the Indemnity. There won't be any repercussions from any planning oversight that far back if you apply for an extension.

The council cannot enforce a breach of planning after 4 years for a structure built before April 2024 and cannot enforce a breach of building regs more than 13 months after it is complete.

https://www.gov.uk/guidance/ensuring-effective-enforcement#planning-enforcement--overview

If you obtain an indemnity policy and then go and talk to the council this might effectively cancel the policy - they are generally only effective if the council takes action of its own accord.

🤷‍♀️

The council will not have records of what was approved when the house was built or in the 1960s when the extension was built. Digital records only go back 15 years at most and even those aren't always checked if there is a new application.

You do not seem to understand the situation or reading the posts on here which are advising you with correct information. You are making an issue out of something which is not an issue at all.

May I ask why you seem so clear on what you need to do? Your solicitor is nto correct.

Thank you but my solicitor is unsure and has offered two different ways to go about this so I need to decide how to proceed. I will clarify with her. I appreciate all the comments and looks like it won't be an issue and the indemnity route is preferable to asking the buyer for a certificate of lawfulness as it is in effect hopefully a non issue.I had a bad experience in the past not taking enough care with checking things properly so that's why I am taking extra care this time.

Thank you to everyone for your support and advice it has made it so much easier to reach a decision and I have all I need now to proceed confidently

This is bread and butter conveyancing. You need a new solicitor