Decking height and house sale

woogas · 20 Jun 2019

I know this topic has been covered many times, but need help.

Dad passed away so mum is selling the house. The buyer's solicitors have raised to issue of whether the decking has planning permission.

It's a new build about 2.5yrs. I don't have any info to fall back on.

As can be seen, the garden used to be sloping but has been tiered.

Will the 30cm high rule affect what we have there, see pics.

I'm assuming the lack of hand rails might be an issue.

Any help appreciated.

blup · 20 Jun 2019

Do you have pics of the garden before the works?

The planning authority might take the view that overall the landscaping amounted to what they call "engineering operations"

That said you could argue that the works represent a significant improvement over what was there, if it came to applying for planning permission.

Blup

^woody^ · 20 Jun 2019

They have a poxy solicitor.

Dimensions are taken from the highest adjacent ground. That is Permitted Development.

Handrails have nothing to do with it.

Nakajo · 20 Jun 2019

Just get another buyer

garyo · 20 Jun 2019

Argue that it doesn't need any. Their solicitor won't accept that because he/she doesn't have the expertise or information to really determine one way or another, and won't want to take the risk, then one or both solicitors will suggest that you pay £250 for an indemnity insurance and then you can all get on with your lives.

Ian H · 20 Jun 2019

If I were the buyer i’d tell the solicitor to STFU, that’s an awesome garden!!!

woogas · 20 Jun 2019

Thanks for the responses. Very helpful. I will update what solicitor says later

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Decking height and house sale

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