I am in the process of buying a house where an internal garage has been converted to a habitable room in 2003.

I have a certificate of completion to say this complies with building regulations, however my solicitor has flagged up that there is no evidence of planning permission.

If they have gone to the trouble of getting a certificate of completion then surly they would have got planning permission? or is that not the case?

The house now has another garage.

Can anyone offer any advise?
Thanks

Its only very rarely that garages need planning permission (ie the house is listed) to convert to habitable space. Its yet another case of solicitors who know nothing about Planning legislation! Why they don't bother to clue up a bit is beyond me given their salaries! You could check with your council that the house 'retains its permitted development rights'. Given it was done in 2003 its well beyond any possible legal action anyway. Your solicitor is a knob! He's probably just trying to scare you into getting a worthless indemnity insurance.

http://www.planningportal.gov.uk/permission/commonprojects/garageconversion/

Ask your Solicitor, who presumably knows a bit about law, what the planning regulations were for garage conversions in 2003

Then ask him/her to cross reference this with the planning history of the property and any conditions.

Then ask him/her what all this means ... as that is what you are paying them for

Flagging stuff up without any meaningful context is not really doing a proper job

Don't you bother checking anything ... get the Solicitor to do all that

The house was built in 2001.

They have asked the seller to pay for an indemnity insurance, incase the council notice in the remaining year that they can do anything.

But I am concerned I will end up paying half or all of it. And if I don't need it, I don't want to pay it.

So has the solicitor confirmed that a condition of the original planning permission was to keep the garage as a garage?

An indemnity may be unavoidable if you require mortgage even though they are of limited value. Whether you pay none or half or all of it is down to allsorts of things, whether your buyer is desperate or you are or whatever. As gauling as it can be its pretty minor in the grand scheme of things.

The original planning permission states every house should have a garage IIRC. This is probably why they purchased a neighbours garage when they did the conversion, so that's ok.

No there may be a specific condition as part of the planning permission that states garages are not allowed to be converted without Planning Permission. Buying a neighbours garage would not magically remove the condition.

The origional permission states:

THere shall be no extensions, garages, walls, fences or other structures of any kind without prior planning permission.

also states...

the garage/car parking spaces shall be retained and not used for any other purpose than garaging a car or ancillary domestic storage without prior written permission of the LPA.

Can you please tell me why an indemnity may be limited value please?

So back to the origional question??

AndyPRK wrote:

I have a certificate of completion to say this complies with building regulations, however my solicitor has flagged up that there is no evidence of planning permission. If they have gone to the trouble of getting a certificate of completion then surly they would have got planning permission? or is that not the case?

AFAIK an indemnity will pay for legal costs you are liable for should the LA ultimately decide to pursue it legally. They will not pay for any remedial works to actually put it right.

The owners either couldn't be bothered to get permission, felt that it would not be granted if they applied or more likely just did not realise it was required.

Really though all a fuss about nothing, buy your house and if your mortgage company insist then get the indemnity. The chance of an LA actually making you take it back to a garage are at worst slim-zero anyway.