Help please...house purchase in limbo due to conservatory/decking!

Joined
26 Jan 2019
Messages
1
Reaction score
0
Country
United Kingdom
Hi everyone

Hope you'll be able to help me with a situation I've got. I'm in the final stages of buying a house, we have one issue remaining that's preventing exchange of contracts.

To the rear of the house is a conservatory, built in 2007, and around the conservatory is decking. The garden slopes downwards away from the house so that next to the house, everything is at ground level but at the far end of the decking, both the conservatory and decking are about 3-4 feet about the level of the lawn.

The sellers didn't get planning permission for either, the builder didn't think it necessary. But my solicitor is concerned and recommends either the sellers get retrospective permission (which would take time) or provide indemnity insurance. They're prepared to do the latter, however I want to replace the decking as a) it's old and b) I don't like how it flows into the garden. But to replace it would require planning permission, due to the height. And in applying, I would make the council aware of the current situation, which would invalid the insurance and potentially expose me to enforcement action.

So..help! I'm not sure what to do for the best. What are the chances of enforcement action after all these years? Am I worrying about something I don't need to worry about? Thank you! :)
 
Sponsored Links
There is a time limit on the council taking action afaik?
However if you replace, it may be different?
Other people will know but maybe gradual "repair" is an option?
 
Buy it. It's beyond enforcement. Don't lose a house over something so trivial.

If you want to change it, and if you will need to apply for permission (unless it's permitted development) , you won't get into trouble with the existing deck as part of that process.
 
Buy it. It's beyond enforcement. Don't lose a house over something so trivial.

If you want to change it, and if you will need to apply for permission (unless it's permitted development) , you won't get into trouble with the existing deck as part of that process.
Yeah what he said :)
 
Sponsored Links
The time limit for enforcement by the council is four years, so it is well out of time.
You are paying your conveyancer for crap advice which is putting you at risk of losing your purchase; they should have at least a basic understanding of the rules.
 
To the rear of the house is a conservatory, built in 2007, and around the conservatory is decking. The garden slopes downwards away from the house so that next to the house, everything is at ground level but at the far end of the decking, both the conservatory and decking are about 3-4 feet about the level of the lawn.

Sounds to me it may well be permitted development - you measure the 'height' of the conservatory and the decking from the highest land level of which they are built off. If we saw a photo / sketch could advise a little more, but could very well be PD.

Buy it. It's beyond enforcement. Don't lose a house over something so trivial.

The time limit for enforcement by the council is four years, so it is well out of time.

These two points too.
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Back
Top