Alterations to an existing extension that was built without regs (pre-1984)

[dsclee1]

I'm looking at buying a property that has a single storey flat roof extension out the back. The extension looks in good condition, solid build, well maintained roof. In terms of size it's about 3m square.

The searches have just come back and there's no evidence that planning permission or building regs were ever applied for.

From looking at the extension I think it's likely it's been there since before 1984, and in the Surrey area they weren't giving out building control completion certificates at that time. I think it's likely that even if they did apply for the planning/regs they might not show up on the search as the records weren't digitized? I'm probably going to head down to the council offices to have a check.

What I'd like to know is if I wanted to add a roof light to the extension, and change out the patio doors, how would building control deal with it? The extension is definitely not up to current regs, so would building control say it needs a rebuild?

 

[mrrusty]

No. No-one is expected to guess, and if no-one knows when it was built, nothing is going to happen. If the mods you want to make are normally permitted development, and they sound like they are, then just do it.

I had a bit of this fairly recently - our old house had been extensively modified and extended in mid 80's. When we sold it I actually approached the council because buyers wanted info. Council said it wasn't on the digital record therefore was too old for them to be concerned or interested. My solicitor passed this on to buyers and they were satisfied with this. (there was a slight twist because a later PP (1990's) for a conservatory mentioned matching the "existing extension" so they couldn't deny knowing about it then.)

 

[dsclee1]

Thanks @mrrusty , very helpful.

 

[freddiemercurystwin]

New windows can be certified by the installer however they will still require Building Regs Approval as they're fitment must involve altering the structure.

 

[freddiemercurystwin]

The searches have just come back and there's no evidence that planning permission or building regs were ever applied for.

From looking at the extension I think it's likely it's been there since before 1984, and in the Surrey area they weren't giving out building control completion certificates at that time. I think it's likely that even if they did apply for the planning/regs they might not show up on the search as the records weren't digitized? I'm probably going to head down to the council offices to have a check.

If it cannot be determined that the build needed Planning Permission or Building Control approval but did not receive either approvals and your solicitor is a bit thick (of which many many are) then they may insist on an (completely pointless) indemnity insurance to be paid (usually by the seller) however once you speak to the council and raise their interest in the matter an indemnity policy will not be permissible.

 

[dsclee1]

Thanks, I read up a bit on the indemnity insurance, and would definitely be completely pointless in my situation as I'm a cash buyer, so there's no lender who would even need to see the paperwork. I read up on the 4 year and 10 year rule too, which the extension has far passed.

Just to add a couple of other "problems" I've found with the extension:
The extension was built over the drain line (presumably without contacting the water company).
The original Title deed states that any property alteration must have "previous consent in writing of the Council" (which can't be found either). The property is an ex-council house. - Although reading over the "register of title" this restrictive covenant seems to have been removed?

Would either of those be of concern?