No building regs/planning on extension...future consequences?

[Yohi124]

Hi all, have purchased a house 6 months ago. It has a single storey side extension built 5 years ago. Nothing was thrown up in conveyancing regarding the work and solicitors ok’d everything. Only now upon checking docs, have I realised no building regs certificate...
Furthermore I checked planning portal and could not find anything relating to the work at our property, no applications, no sign off. The extension appears to be of good quality, i.e. the finish and what is seen of the structure, but who knows?

Clearly I am very annoyed at the situation and myself for not thoroughly investigating but just allowing solicitors to Ok it all, assuming they would do the investigating required.

I have read that No action (section 36?) can be taken after 12 months of work completing, unless the council deem it endangering life and get an injunction against it in the courts. I have read this is extremely rare.

To add a further spanner in the works, I have read that under permitted development a side extension cannot be wider then half the width of the existing building. By my rough measurements it is approx 21cm wider than the existing building. I assume this means it required planning permission? Although again, I have read about the 4 year rule...

My solicitors required an indemnity policy from the seller for windows that were installed 15 odd years ago that had no sign off. I assume this general indemnity policy would cover any work breaching regs, please correct me if i am wrong? Also any advice on the above points on the 12 month period for regs and the 4 year period for planning would be much appreciated..

My secondary main issue is that we bought the house on the premise of converting the loft room into a bedroom in a few years (it is a bungalow) which would require planning...given all of the above what situation will this put us on?
thanks in advance.

 

[tony1851]

A loft conversion may not necessarily require Planning Permission. If it did, the previous works would not come into question as they are well out of time for enforcement of either B. Regs or Planning.

 

[Yohi124]

A loft conversion may not necessarily require Planning Permission. If it did, the previous works would not come into question as they are well out of time for enforcement of either B. Regs or Planning.

Thank you for your input, it is a loft conversion with a dormer we would like to do, I think this would require planning?
So you are saying that because the extension is out of time for enforcement, the council would allow planning on the loft without insisting on changes/rectification or removing the existing first?

 

[tony1851]

There's no guarantee that they would give you PP for your dormer. For example, they might not like the appearance of it, or they might consider that it makes the house looks over-large and out of scale with adjoining properties, taking into account the visual appearance of the house as previously extended.
But they would not be able to do anything about the extension itself.
The worst that could happen is that they refuse PP for the dormer.

 

[Yohi124]

There's no guarantee that they would give you PP for your dormer. For example, they might not like the appearance of it, or they might consider that it makes the house looks over-large and out of scale with adjoining properties, taking into account the visual appearance of the house as previously extended.
But they would not be able to do anything about the extension itself.
The worst that could happen is that they refuse PP for the dormer.

Great, thanks for the advice, so in essence When ready I should just go ahead and get plans drawn up and submit the application. and see what happens? Considering they cant take any action now

 

[tony1851]

Correct.

 

[Dereekoo]

Something I lifted off the Web,https://freeconveyancingadvice.co.uk/diy-conveyancing/building-regulations-conveyancing, not exactly in agreement with tony1851 bit of the same ilk

Remedies Where Work Has Been Carried Out Without Building Regulations Approval

Time Limit on Enforcement Action

The local authority is only entitled to serve a Section 36 Notice (see above) within 12 months of the offending work being carried out. After that time they may still apply to the court for an injunction which if granted would prevent the property from being used. So far this legislation has never been tested, that is to say that no local authority has has actually applied for an injunction, which demonstrates that it is somewhat unlikely that action will be taken after 12 months has expired. If an application for an injunction was made, the court would have to consider whether it would be in the public interest to grant it. Presumably therefore an injunction would not be granted unless the breach of building regulations represented a danger to public safety. It seems unlikely that the court would grant an injunction in the case of a small extension or conservatory, or for replacement glazing, however it is possible that the construction of a building, particulary an apartment block, may represent a danger. It should be noted that a injunction can be granted whether or not building regulations approval was obtained for the work. Despite the fact that there is no time limit on the local authority's right to apply for an injunction, it is generally accepted that if 10 years or more have passed since the work was carried out then there is no serious risk of action fro breach of building regulations being taken.

 

[tony1851]

"I have read that under permitted development a side extension cannot be wider then half the width of the existing building. By my rough measurements it is approx 21cm wider than the existing building. I assume this means it required planning permission? Although again, I have read about the 4 year rule..."

If the side extension was built before 2008(?) different rules applied, so even though it is > half the width of the house, it may not necessarily have required planning permission and might at that time have been permitted development.

 

[tony1851]

Something I lifted off the Web,https://freeconveyancingadvice.co.uk/diy-conveyancing/building-regulations-conveyancing, not exactly in agreement with tony1851 bit of the same ilk

Remedies Where Work Has Been Carried Out Without Building Regulations Approval

Time Limit on Enforcement Action

The local authority is only entitled to serve a Section 36 Notice (see above) within 12 months of the offending work being carried out. After that time they may still apply to the court for an injunction which if granted would prevent the property from being used. So far this legislation has never been tested, that is to say that no local authority has has actually applied for an injunction, which demonstrates that it is somewhat unlikely that action will be taken after 12 months has expired. If an application for an injunction was made, the court would have to consider whether it would be in the public interest to grant it. Presumably therefore an injunction would not be granted unless the breach of building regulations represented a danger to public safety. It seems unlikely that the court would grant an injunction in the case of a small extension or conservatory, or for replacement glazing, however it is possible that the construction of a building, particulary an apartment block, may represent a danger. It should be noted that a injunction can be granted whether or not building regulations approval was obtained for the work. Despite the fact that there is no time limit on the local authority's right to apply for an injunction, it is generally accepted that if 10 years or more have passed since the work was carried out then there is no serious risk of action fro breach of building regulations being taken.

OP seemed more concerned about possible lack of Planning Permission rather than Building Regs?

 

[Dereekoo]

OP seemed more concerned about possible lack of Planning Permission rather than Building Regs?

I need to read things more carefully