Planning permission required or not?

[GNServices]

Hello,
I am looking at buying a house which;
- Had a conservatory built atleast before January 2010
- Had a loft conversion atleast before January 2010

# So I will go on the basis that the works where done in January 2010

My question is, what if there was no planning permission acquired when the works where carried out? If I was to purchase and the council found out, would they request the conservatory to be taken down for instance?

Details of the works are as below; (Property is semi-detached)
Conservatory
- 4.25m x 3.25m floor
- Brick built wall around 2ft high then windows ontop all the way around
- There is around 12m2 of area still left in the garden
- There is around 25m2 of area in the front garden
- The conservatory is to the rear

Loft Conversion (to bedroom)
- Has a fixed flight of stairs, standard width with plenty headroom
- Has power outlets
- Has a skylight to the rear
- Has a window (which can be opened) to the side of the property
- Doesn't look like the roof has been changed in anyway apart from where the skylight is fitted
- The loft conversion uses the entire roof space (7.75m2 floor area)

How can I find out if the house has these planning permissions if required?
I don't want to get any further through the process of buying (and spend even more money on searches etc) and then find out they may have to be taken down kind of thing.

Any help would be great.



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[tony1851]

It's possible that only the extension would have needed planning permission. But after four years, there is nothing the council can do as it becomes time-barred.
Similarly with Building Regulations, there's a two-year limit for enforcement.
So if it was all done before Jan 2010 - no problems.

You can check on planning permissions on the council's web site.

Your solicitor will be the one delaying things because they usually know **** all about planning and building regs.

 

[GNServices]

It's possible that only the extension would have needed planning permission. But after four years, there is nothing the council can do as it becomes time-barred.
Similarly with Building Regulations, there's a two-year limit for enforcement.
So if it was all done before Jan 2010 - no problems.

You can check on planning permissions on the council's web site.

Your solicitor will be the one delaying things because they usually know **** all about planning and building regs.

How can it be proven when the conservatory was built in order to prevent the council saying it was done less than 4 years ago?

I got January 2010 from a property search website, which shows previous sales of the house, it says "property details as of January 2010"
and has a picture of the conservatory.
A sale price in 2007 also hints that the work may have been done before then, giving that if the loft conversion and conservatory was not there, the house would never have sold for anywhere near what it sold for in 2007.

Can I confirm, absolutely 100% that if the conservatory has been there more than 4 years then there is nothing the council can do?

Thankyou

 

[tony1851]

Can I confirm, absolutely 100% that if the conservatory has been there more than 4 years then there is nothing the council can do?

Sorry, didn't notice that it was a conservatory.
Conservatories under 30 sq, m. floor area don't need a Building Regs. application anyway.

For Planning purposes, four years for a domestic extension is the cut-off point after which they can't take action. It does not make the extension lawful - it just means they can't do anything about it.
You can always apply for a LDC anytime from the council, but the onus would be on you to prove that it had been up more than four years.

(This assumes the property is not a listed building)

 

[GNServices]

Can I confirm, absolutely 100% that if the conservatory has been there more than 4 years then there is nothing the council can do?

Sorry, didn't notice that it was a conservatory.
Conservatories under 30 sq, m. floor area don't need a Building Regs. application anyway.

For Planning purposes, four years for a domestic extension is the cut-off point after which they can't take action. It does not make the extension lawful - it just means they can't do anything about it.
You can always apply for a LDC anytime from the council, but the onus would be on you to prove that it had been up more than four years.

(This assumes the property is not a listed building)

I read the 30sqm thing, it is definitely less than 30sqm.
However, I read this on planning portal.

Single-storey rear extension must not extend beyond the rear wall of the original house* by more than three metres if an attached house or by four metres if a detached house.
In addition, outside Article 1(5) designated land* and Sites of Special Scientific Interest the limit is increased to 6m if an attached house and 8m if a detached house until 30 May 2016.
These increased limits (between 3m and 6m and between 4m and 8m respectively) are subject to the neighbour consultation scheme.

which I cant make head and tails of,
The conservatory is 4.25m x 3.25m floor,

It is not a listed building.

LINK: http://www.planningportal.gov.uk/permission/commonprojects/conservatories

 

[tony1851]

If it projects 3.25m from the rear wall of the house, it would technically have needed planning permission.
But it doesn't matter now whether it extends 3.25m or 32m from the back of the house because it's over four years old and time-barred.
If you like the house, stop worrying about Planning issues because there aren't any.

 

[GNServices]

If it projects 3.25m from the rear wall of the house, it would technically have needed planning permission.
But it doesn't matter now whether it extends 3.25m or 32m from the back of the house because it's over four years old and time-barred.
If you like the house, stop worrying about Planning issues because there aren't any.

Okay, thankyou, this is all I needed to know really