Possible issue with old extension

[771]

Hi all

New to the forum, but a long time reader.

Got a possible issue at my parents house with an extension done about 5years ago without correct approval, and could do with some advice.

They have a 30's semi with side garage. Behind the garage, and 1m from the rear wall from the house was a coal shed with outside toilet. Now they removed the toilet, and extended the building 3m to create a laundry room and shower room.

The neighbours were ok with this, but they are selling now, and have mentioned to my parents that the agents have said that the extension will cause problems when selling as its blocking light etc. I have added a basic drawing to illustrate what they have done.

Are the agents right, and can this cause the neighbours problems?

I can try and get pictures and explain better if it does not make sense.

Thanks in advance.

Untitled

• 771
• 15 Apr 2013
• 1

 

[^woody^]

No, the agents are talking rubbish

Someone will either like the house and buy it, or not like it and not buy it.

 

[771]

No, the agents are talking rubbish

Someone will either like the house and buy it, or not like it and not buy it.

He also mentioned something about its too high. eaves is about 2.5m, total is about 3.5m of neighbours side, as its a mono pitch roof

 

[^woody^]

But that has got nothing to do with him

The agent is not your parent's advisor, he is on a commission for the neighbours house sale. As such he may well mention anything that might put off a buyer - including a perfectly acceptable extension

I'd hate to think what a neighbour dispute would do to his chances of earning a quick commission. Someone may want to mention it to the agent

Anyway, in planning and building regulation terms, there is nothing that can now be done as the extension has been up for too long

 

[freddiemercurystwin]

Here are the limits that the extension should have been built within: http://www.planningportal.gov.uk/permission/commonprojects/extensions/

In anycase as it has been built it is outside the time limit by which any prosecution could be made so there is absolutely nothing anyone can do. The agent needs to do one and stick to selling houses! As mentioned someone will either buy or they won't.

 

[771]

what is the time frame, anything after 3years is ok?

 

[771]

But that has got nothing to do with him

The agent is not your parent's advisor, he is on a commission for the neighbours house sale. As such he may well mention anything that might put off a buyer - including a perfectly acceptable extension

I'd hate to think what a neighbour dispute would do to his chances of earning a quick commission. Someone may want to mention it to the agent

Anyway, in planning and building regulation terms, there is nothing that can now be done as the extension has been up for too long

Woody,

Many thanks for this, it makes perfect sense.

Next time I will get them to speak to me, rather then my parents. I need to go around anyway, as some of the render has fallen off and my parents agree to sort it out. I think the neighbour is just worried it will stop a sale.

 

[freddiemercurystwin]

Its the '4 year rule'. http://www.planning-applications.co.uk/enforcement1b.htm

 

[luisdesign]

As said, either someone will take the house, or not.

It sounds like the agent is basically putting out his disclaimers so that the vendors aren't shocked when it takes a while to sell ... rather than simply telling them that selling any house these days is a tough, and often unpredictable event.

 

[b21playa]

There is a house near me that has a double storey extension where yours is.

 

[Larchfield]

A few things to consider:

1. Building Regulations
At the time the extension was built, it would've been subject to Building Regulations (if it was deemed habitable, and met other criteria... this may be something you should check).

2. Planning matters
References to the 4-year rule are correct. If I was the buyer/seller of the neighbouring property, I would keep quiet about the planning concerns and get the sale through. It may very well be the case that due to the size of the extension, planning was not required.

3. Rights to Light
Contrary to most replies so far, the estate agent is not talking rubbish. If the extension is causing sufficient 'injury' to the neighbouring property, under the Prescriptions Act 1832, then the neighbour could be due some compensation. The statute of limitations allows the neighbour to make a claim up to 6 years (perhaps 12?!) after the nuisance commenced.

Rights of Light assessments would have to be undertaken, and the whole process would greatly delay the sale if the neighbouring owner wanted to garner some free cash from your parents. The house could then be sold with a new covenant saying that the claim was settled and no new claim could be brought on the matter. This is worth looking into to make sure you have your bases covered. If you want any more steer on RofL, feel free to PM me.

 

[freddiemercurystwin]

Oh get real!

 

[771]

I'll speak to their neighbour when I go around to sort out the missing wall render. I'll mention the fact that it is better for him to keep things quiet and not cause a fuss as this could hinder his sale.

We get on well, and hopefully he can understand where we are coming from. My parents have already said that they don't want to stop a sale due to it, but are not going to demolish it or lower it if not need be

 

[freddiemercurystwin]

You will not have to do anything to it, the agent and Larchfield are scaremongering, someone will either buy it or not.

 

[771]

You will not have to do anything to it, the agent and Larchfield are scaremongering, someone will either buy it or not.

Thanks

I'm glad they don't, as it will end up with me doing it, and something I don't need right now, as I'm purchasing a property myself which needs some workl prior to getting it on the market for rent (along with a demanding full-time job)