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

56 replies

DeftWriter · 08/10/2024 08:59

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.

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DeftWriter · 09/10/2024 13:44

As we don't have either planning permission or confirmation that the current extension falls under the permitted development rules for the time the only way to completely rule out any action by the council would be to obtain a certificate of lawfulness. It's not needed but would ensure there is never any come back. Useful if you're investing in a new kitchen in the extension and want to be sure there is never going to be any enforcement by the local authority. It's pretty clear from the Planning Portal. I could ignore it and go with an indemnity just in case the council ever took action but as people have kindly pointed it it's so unlikely I should not be bothered so very happy now I've looked into it. I once bought a new build property with covenants preventing building on the deeds that the solicitor did not point out to me so that's why I'm being extra careful to check this time

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DeftWriter · 09/10/2024 17:58

Yes it was more to tick a box that pp wasn't needed on the existing structure I wondered if the council would comment if I submit drawings showing the floorplan as it is now which you have to do if you want to submit PP for new works. You have to show existing and proposed but probably they won't be concerned about the existing.

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schloss · 09/10/2024 19:01

DeftWriter · 09/10/2024 17:58

Yes it was more to tick a box that pp wasn't needed on the existing structure I wondered if the council would comment if I submit drawings showing the floorplan as it is now which you have to do if you want to submit PP for new works. You have to show existing and proposed but probably they won't be concerned about the existing.

You are overthinking this and given the council too much credit - they will not be interested in a 1960's extension, the only reason they would is if it is a listed building.

DeftWriter · 09/10/2024 22:14

Yes thank you all the comments have really reassured me there's nothing to worry about buying a house flags up all sorts and it's hard to work out whether it's a real concern or not I'm happy to be told I'm over thinking it as I really love the bungalow this will be my last project and hopefully I can then enjoy retirement!!

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schloss · 09/10/2024 22:39

@DeftWriter You have taken everyone's advice on board in very good grace - hopefully it will put your mind at ease about buying your last project for your retirement. Enjoy!

DeftWriter · 10/10/2024 08:00

Yes it has put my mind at ease I am very grateful thank you

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