Confirming planning permission/no completion certificate

[bancey]

Firstly, apologies for my complete lack of knowledge on any of the below:

I am trying to buy a house which was extended in the 1990's (by the predecessors to the current owners). Effective a two storey extension was added, doubling the kitchen size and adding a bedroom above.

My solicitor has just sent me purchase papers including decision notices for (a) Two storey and single storey extensions - 1997, and (b) Rear extension to form kitchen utility, family room and bedroom - 1999. He's commented that the local search has shown up no completion cert for this second application.

Clearly both pieces of work weren't done - either one or the other (or even something else entirely which doesn't have permission). To hazard a guess, I'd say that the early application covered the actual extension and as there is no utility room or family room in the house (but a lovely big space where I'd build one!), the second part wasn't ever done.

Could that explain the lack of completion certificate for the second application? Also, could I find out for sure i.e. can you see old plans if you visit the appropriate planning office?

And if I do that (and then find actually that the 1999 planning app was the relevant one, being the one without the completion certificate), will that scupper my chances of getting indemnity insurance for the missing certificate? Many thanks in advance,

Paula

 

[^woody^]

What is the actual question?

By the looks of things the work was do so long ago that no enforcement action can be taken now, and if the work/property is structurally sound (ie no signs of a probelm) then there should be no reason not to buy the place

 

[bancey]

Sorry, I thought the context would help.

1. If someone applied for and was granted planning but never went ahead with the work, could that cause a lack of building control completion cert. to show up on the local search?

2. Could I go and view the original plans at the planning office despite having no direct connection to the property?

3. If I did, could me approaching Planning prejudice my being able to get indemnity insurance (in the event that I discover that the missing cert. does relate to the work done)?

Thanks again.

 

[^woody^]

You seem to be confusing planning permision and building control. However, both have time limits to enact the permisison (3 years) but once work is begun, there is no time limit to complete

1 The granting of permission is recorded at the council. Planning do not record a start or completion date, but building control do. Building control will have records of start date and stage inspections and any completion date too - which will include the issue of a completion certificate

2 You can view planning application documents as these are public documents, but you can't view building control documents

3 Visiting planning will not affect anything

 

[bancey]

Got it, thanks very much. Yes, I see what you mean about confusing planning and BC.

So it looks as though planning was granted in '97 and the work actually went ahead in '99. BC have commencement recorded but not completion, so the local search point makes sense.

Googling/speaking to my agent does suggest that approaching the council and alerting them to the missing BR cert. would prevent me from getting valid indemnity insurance (I suppose it would increase the likelihood of being pursued by the council). But if the council are now out of time so unable to pursue, I guess that's irrelevant, and I should be focussing on whether I'm happy that the build is sound despite the lack of completion cert (like you said in your first post!). We haven't had a full structural survey, just a homebuyer's report (and the lender's done a separate valuation survey).

 

[Richard C]

I would be inclined to go back to the vendor & ask him to provide either a completion certificate or go through a formal regularisation procedure; if not, negotiate a hefty discount off the asking price for what may turn out to be non compliant/unauthorised Building Works. No certification means it will always crop up & could be a similar blight on you when it’s time to sell up; it could also have implications regarding any future insurance claim!

You should also check with your lender they are willing to advance the cash you need to proceed, some are getting very fussy about this sort of thing.