Planning query

[jonnie84]

Hi all new here got a quick question on planning for out buldings.

I am now selling my house which has a shed/summerhouse which was there when i bought the house in 2007.

The solicitors for the new purchasers are questioning the fact there is no pp for it.....
As it was built before the change in October 2008 where do i stand?? Should the previous owner applied for this or wasnt it needed??

Its a wooden building tiled roof ,3.5m to ridge ,about 14 sqm about 45m from my house and about 1.5 m from neighbours boundries

Any help would be great

Thanks in advance
Jon

 

[DevilDamo]

Didn't your solicitors pick this outbuilding up before you took ownership of the property?

What "should" have happened was that either...

- Planning permission should have been sought; or
- Something in writing should have been obtained from the LA confirming the outbuilding did not require planning permission.

However, it seems none of the above have been done so you may have to deal with the planning side yourself, so determine whether or not it needs planning permission...

http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommonoutbuildings/

If it falls within PD (Permitted Development), you should be able to apply for what is commonly known as a Certificate of Lawfulness, which carries a fee of what a normal planning application would be (as the building has been built... so approx. £150) and submit this "application" to the LA for them to confirm it falls within PD and planning permission is not required. Or if it does not fall within PD, then you will have to apply for planning permission, hoping it is favoured by the LA.

On that note, it appears the outbuilding is exempt from Building Reg's

 

[freddiemercurystwin]

The interactive guide is fairly clear http://www.planningportal.gov.uk/uploads/miniguides/outbuildings/outbuildings.html Looks like its too near the boundary for PD though.

 

[jonnie84]

Thanks for the replies..
I was under the impression that the PD only came in in Oct 08 and as this was built before then a different set of rule would apply...but im probably grasping at straws here!.

As for my solicitor not picking it up yeh your spot on....im waiting to see what the outcome is before I take it up with them...along with the fact the buyers solicitor has now found my drop kerb had no permission either

 

[jeds]

Roughly how old was it when you moved in? If was anything other than virtually brand new it will be older than 4 years and if you can show it is older than 4 years then it is immune from planning enforcement.

Your options then would be; apply for a certificate of lawfulness on the basis it is more than 4 years old. (but that will take 8 weeks) Or you could purchase an indemnity insurance indemnifying your buyer from any action. (usually costs about £250)

 

[freddiemercurystwin]

I was under the impression that the PD only came in in Oct 08 and as this was built before then a different set of rule would apply

PD did come in in 2008 but technically the planners (with their twisted logic!) will assume it was built yesterday so Devilbedammed is saying you could have applied for a cert of lawfulness (which is a certificate proving it was built under permitted development) but as your outbuilding does not comply (technically) with the PD rules you will have to apply for planning permission unless you can find bona fide proof that it was built 4 years ago or longer. If you can, then you or the new owners will be exempt from any enforcement action the planners may otherwise wish to take. http://www.planning-applications.co.uk/enforcement1b.htm

The rules before 2008 are that it would have needed planning permission.

Of course as its 2m rather than 1.5m from the boundary as permitted under PD its quite a small breach of the PD rules so they may consider it lawful under PD or they may not (probably not knowing the planners but may be worth a stab). You will only find out by approaching them.

Of course you could always tell the buyer where to go and see what he does? Depends if you like a gamble!

 

[freddiemercurystwin]

Damn you jeds!

 

[DevilDamo]

PD did come in in 2008

I thought PD has always been there, but "changes" to the regulations were made on 1st October 2008?

 

[freddiemercurystwin]

Err pass!

 

[Thermo]

PD did come in in 2008

I thought PD has always been there, but "changes" to the regulations were made on 1st October 2008?

correct

 

[DevilDamo]

Ok so back to one of the OP's posts...

I was under the impression that the PD only came in in Oct 08

PD has always been around, but changes were made on the 1st October 2008 which set down some guidelines as to what can and can't be done under PD.

But of course sites are looked at on a case by case basis so carrying out works under PD on one property will not "always" be the same for another.

 

[freddiemercurystwin]

I may be going out on a limb here but I believe this is the baby: http://www.opsi.gov.uk/SI/si1995/Uksi_19950418_en_4.htm
scroll down to Class E

 

[jonnie84]

Excellent thanks everyone..gonna go for the 4 year rule
ive been here 3 years and know it was there way longer than a year before i moved in and can prove it....ill see how it goes

 

[Nickam]

Just for information guys, Permitted Development has always been there. It's just that October 2008 saw changes that made the PD limits based on different criteria. It used to be based on a cubic content of extension but is now based on size of extension both out from the rear of the house and height if near the boundary. This doesn't apply for areas such as Conservation areas and National Parks.
Cheers,
Nick

 

[DevilDamo]

Just for information guys, Permitted Development has always been there. It's just that October 2008 saw changes that made the PD limits based on different criteria

So... you mean like I have already said?

PD has always been around, but changes were made on the 1st October 2008 which set down some guidelines as to what can and can't be done under PD.

Is there a parrot in the room?