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Original poster

Planning permission for loft conversions

22 replies

angy74 · 29/04/2008 16:03

Hi,
we have put in an offer in a house with a nice loft conversion with stairs, landing etc which was done without planning permission. The offer has been accepted. What shall we do now???any advice, suggestions please.

OP posts:
CarGirl · 29/04/2008 16:04

does it have a dormer or velux window?

noddyholder · 29/04/2008 16:07

You don't neccesarily need pp but usually do need building regs.If it has neither and is 4 yrs old or more then there is nothing enforceable that can be done.In this case get a good surveyor/structral engineer to give it a look over and check it is up to scratch.i have bought and sold several properties with supposedly 'illegal'extensions and they have all been fine and no problem selling on

orangina · 29/04/2008 16:16

Noddyholder is right, you're fine if it's been done more than 4 years ago. Also, it could have been done within permitted development rights, but you (I think) would have the right to ask them to provide a certificate of lawful development.To cover you really. The only thing you would have to worry about is if a neighbour or someone reported it to the Council, wherupon they would be obliged to ask you for either a certificate of lawful development OR a retro-active planning application (a bit of a pain in the arse, esp if you have cross neighbours who will be bound to complain about it upon consultation).

CarGirl · 29/04/2008 16:20

It's only a problem if you have a dormer? Even if it doesn't comply with buiding regs then it's just a case that it is not a "room", can't be counted as such and is not for "habital purposes"

Original poster
angy74 · 29/04/2008 16:23

Sorry, had to leave my own thread for a bit...my 8 month old screaming for attention.Thanks noddyholder and orangina...it was done more than 4 years ago and many properties in the street have loft conversions. Will look into certificate of lawful development.
Cargirl...I have no idea...what is the difference between a dormer or velux window...will search on google

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orangina · 29/04/2008 16:25

Velux is a flat skylight that sits on the roof and is in line with it, a dormer stands up off the roof (often a mansard). Not sure that the velux vs dormer thing is relevant if it was done more than 4 years ago anyway....

Original poster
angy74 · 29/04/2008 16:30

Trying to find the differences on google...too many things opened up. thanks orangina for the simple explanation.

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CarGirl · 29/04/2008 16:32

for a dormer window you usually need planning permission (certainly do now) for velux on the rear of the property you don't need planning permission.

Swedes · 29/04/2008 16:33

Get them to apply for retrospective planning permission and have a penalty written into the contract should permission be refused.

It is a problem as you are being sold the house assuming that it will be permitted but if it's not and the room is a storage room only you will have to sell it on as such and that does have an effect on its value.

Original poster
angy74 · 29/04/2008 16:36

Seems to me that it is a dormer roof

OP posts:
CarGirl · 29/04/2008 16:36

agree with swedes, you need to speak to your solicitor about all of this.

Original poster
angy74 · 29/04/2008 16:36

Oops!!not a roof, a window

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Original poster
angy74 · 29/04/2008 16:39

Its not used as a storage room, its used as a study and also had a double futon in it. but was not advertised as a bedroom.

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Original poster
angy74 · 29/04/2008 16:40

will call up solicitor now.....Going to call up solicitor

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Original poster
angy74 · 29/04/2008 16:42

Solicitor will look into it .

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orangina · 29/04/2008 16:50

If it has been there for more than 4 years, you will not have a problem with it,. The Local Authority Planning Department will confirm it. If you ask them to get retrospective planning, you might not get it, the waters will be muddied and your vendors will be royally pissed off. If I were selling, I would sell to someone who didn't care about the planning, given then it's past the 4 year mark....
It's legal now. UNLESS it is listed (or in a conservation area...)

CarGirl · 29/04/2008 17:02

if it was not advertised as a bedroom then they are being either cautious or correct, it is not considered a "habital room" for some reason, if it were then it would have been advertised as a bedroom. It is only an issue if it is in a conservation area or such like but unlikely if they stuck a dormer window in.

The biggest issue is the value when you sell it on however people will still buy it knowing that is not a "bedroom" but see that they could unofficially use it as one IYSWIM

Original poster
angy74 · 29/04/2008 17:39

Thanks for all the advice

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LIZS · 29/04/2008 17:44

We have a similar scenario and there was a certificate for the stairs from about 12 years ago but not the room itself. If in doubt you can ask for an Indemnity policy against any enforcement of regulations although this isn't watertight. However if you actively look into it and discover there is no PP, Building Regs etc you can not subsequently get one.

noddyholder · 30/04/2008 07:03

Get an indemnity if you are worried but don't in any circumstances rong the council as this will make an indemnity impossible to get.As long a s a surveyor says it is structurally sound you are ok.If it is not on the details as a room and they are not selling as such you should do nothing as if you don't buy it will make it difficult for them with another buyer who may not mind

ScienceTeacher · 30/04/2008 07:08

It needs building regs.

Original poster
angy74 · 30/04/2008 08:24

Hi, thanks all. will look into indemnity thing and have a word with my solicitor

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