Plannin permission but not got certificate

[sassy2301]

Hi got planning permission in 2002 for 2 storey extension and had the ground works checked but not the inside, did not realise this at the time of putting the house on the market as my husband dealt with all of this type of thing and he passed away at the end of last year, if my buyers had not told me I would be none the wiser, does this mean they could pull out of the sale, the extension has been up for 10 years. Help!!

 

[freddiemercurystwin]

Maybe I'm missing something but please can you explain it a bit clearer.

 

[Nozzle]

Do you mean build regs approval? It's a very different thing. Planning permission is (generally) sought before building starts. The buildings regs certificate is issued when building is complete.. providing you or the builder has called the inspector in at the right time during the build. It's one of the many things you've paid the council for.

Nozzle

 

[sassy2301]

Maybe I'm missing something but please can you explain it a bit clearer.

My buyers have asked if we had the building regulation certificate which we have not

 

[sassy2301]

Do you mean build regs approval? It's a very different thing. Planning permission is (generally) sought before building starts. The buildings regs certificate is issues when building is complete.. providing you or the builder has called the inspector in at the right time during the build. It's one of the many things you've paid the council for.

Nozzle

we got the permission but apparently my husband did not get each stage of the work checked by the council

 

[sassy2301]

Got the planning permission and the foundation and ground works check by the council but that was all apparently anything above the ground has not been checked stage by stage according to the council.

 

[freddiemercurystwin]

Ahh OK, (unless you have already done so) under no circumstances should you phone Building Control.

In reality after 10 years any problems would have likely reared their head by now. You are also well beyond the period by which the Local Authority could bring about any kind of prosecution (unless there was a danger to others ie a major structural defect)

Normally your solicitor will give the option of an Indemnity policy which the seller normally pays for, they are around £100ish. This indemnifies the buyer from any legal costs associated with a case being brought by the council and normally satisfies most buyers

If the buyer is nervous or the extension looks dodgy, or their survey was unkind about the extension for example, they could drop out, but that could happen to any sale for a multitude of reasons.

Speak with your solicitor.

The house I live in has a kitchen extension, there is no record of any planning permission or building regs for it, I bought it and didn't bother with an indemnity. Everyone is different.

 

[tony1851]

The house I live in has a kitchen extension, there is no record of any planning permission or building regs for it, I bought it and didn't bother with an indemnity.

My goodness me!! You were sailing close to the wind, there!!

 

[ban-all-sheds]

This indemnifies the buyer from any legal costs associated with a case being brought by the council and normally satisfies most buyers.......

...... provided they don't realise how useless those policies are.

 

[drpepe]

This indemnifies the buyer from any legal costs associated with a case being brought by the council and normally satisfies most buyers.......

...... provided they don't realise how useless those policies are.

To be fair, it is the mortgage companies and/or conveyances that insist on them.

As others have said, they are a waste of money.

We got our vendors to get BC in to get the certificate for the pre2000 loft conversion before we agreed to exchange contracts.

 

[pedantician]

I don't think an indemnity policy would be an option as the local authority is already aware of the development. Not sure on this though.

 

[luisdesign]

Indemnity policies are normally conditional on the council not being contacted. If this is the case, then you may have trouble being able to sell with such a policy. You should note that some buyers might not even want to complete on the basis of indemnity.

You could think about getting retrospective approval, which would be much easier if your builder was working to plans which you still have.

If i was buying, my chief concern would be that it is safe, and of a proper standard. If its still standing after 10years that should be half the battle.