Does a garage built in 1960s need planning permission?

[GoingDownLikeBHS]

I live in a road where most houses were built in 1940s and all of the "pairs" of semi detached houses added a garage in the 50s or 60s - they all look similar so I assume there was some sort of programme of having garages put in. Selling house now, when we bought 30+ years ago it wasn't queried at all, but buyers' solicitor now saying we need planning permission.

Eldest resident is 86 and shares a drive with us, she has a vague recollection of garages being built about 50 years ago, maybe 70s. So no one knows really. Do we actually have prove there was planning permission for something so old? Are we going to be able to get round this? Would local authority help?

I would imagine you'd need an indemnity insurance. Id be inclined to say planning permission wasn't required back then when it was built so if the buyers want the indemnity, they can buy it themselves.

You're buyer is being over zealous. If no one had taken action regarding the garage in all this time, then the risk to them is microscopic. But if its a deal breaker for them get an indemnity policy.
But, a word of warning, some solicitors like to arrange these policies and get commission. You can arrange your own through a good insurance broker for a fraction of the cost (source: DH is an insurance broker and did it when we recently sold, for a loft extension).

I think it would have been required at the time, but surely it's long since passed the point at which any breach could be enforced.

Don't contact the Local Authority without talking to your solicitor first. These things can normally be dealt with by a fairly cheap insurance policy if needed, but not if you've contacted the council.

My parents had planning permission for a garage in 1969.

No Local Authority is going to enforce on a garage from 1960s.

It's likely that it would not have required planning permission, but as it has been in existence for more than 4 years the local council cannot take enforcement action.

There is no issue here, it is now exempt. By a long way, they can’t take action, unless the house is listed.

Even if there is no planning permission, too long has passed for enforcement to take place. I think it's 10 years for unauthorised development.

Do not contact the council planning department as this will prevent you getting indemnity insurance which will be very cheap
It's absolutely too late for enforcement action - limit is 10 years but the indemnity insurance will be cheap and quick so best for a smooth sale

No not before 1973

Thank you everyone, that's really helpful advice!

I’m genuinely really surprised any solicitor would think planning was required, or that your solicitor doesn’t appear to know either and didn’t just tell them. That’s a level of incompetent on both sides seldom seen,

Buyers solicitor is an idiot. Really boils my blood that we all have to pay large amounts of money to these so-called professionals who just cause more problems than they solve.

Surprised the buyer/solicitor are making an issue over this- it was built over 60 years ago! If you ring the council and ask about retrospective planning permission on a 60yr old garage they'd just laugh down the phone lol.

I used to be a conveyancer and I can tell you the level of incompetence I’ve seen recently in conveyancing transactions is appalling. We’re currently selling a property with probate granted. The buyers solicitor wanted an indemnity policy for a 20 year old boiler… to idemnify against what???? That it won’t break down? It makes no sense whatsoever. Luckily our solicitor is old school and told them not to be so ridiculous!

Thank you @Mum247PlanningConsultantByDay you've covered every eventuality!

Pleasure!
Let us know how it goes.😊