We're currently in the process of selling our house (The day before exchange when this came up!)
We bought the house in 2008, and built an extension straight away under what I thought was Permitted Development.
At the time, I met with the duty officer from the council, discussed our plans and gave him our address, and he said that Building Regs consent was all we needed; so I had no reason to think otherwise. Although, none of this was in writing, of course. The work was signed off without any problems.
We found out we were in a conservation area a year or so later when we needed to have a tree chopped back, and got the correct consents for that.
Now, our buyer's solicitor has flagged up that there is a covenant on our house saying that Permitted Development does not exist for extensions, and we need(ed) council consent.
And typically, we can't wait around to get retrospective planning consent as the buyer's mortgage offer expires at the end of this month, and they've since moved jobs, so can't get another anytime soon.
I understand we can take out indemnity, but that would only cover the cost of removal, so they'd still be left without an extension, and are understandably getting cold feet.
I believe I acted in good faith in asking the council what permissions were needed, if they'd told me at the time we needed planning, we'd have applied for it.
Is there anything we can do to reassure in the timescales available?
Or are our only options:
a) Do nothing, hope the council say nothing, and hope that as it's been 3 years without issue, no will will ever say anything?
b) Get retrospective planning and put the house back on the market, assuming the council actually give us planning?
c) Sit on our hands for a year, until 4 years have passed, and then get a Lawful Development Certificate?
Sorry about the long post!
Thanks in advance
Andy
We bought the house in 2008, and built an extension straight away under what I thought was Permitted Development.
At the time, I met with the duty officer from the council, discussed our plans and gave him our address, and he said that Building Regs consent was all we needed; so I had no reason to think otherwise. Although, none of this was in writing, of course. The work was signed off without any problems.
We found out we were in a conservation area a year or so later when we needed to have a tree chopped back, and got the correct consents for that.
Now, our buyer's solicitor has flagged up that there is a covenant on our house saying that Permitted Development does not exist for extensions, and we need(ed) council consent.
And typically, we can't wait around to get retrospective planning consent as the buyer's mortgage offer expires at the end of this month, and they've since moved jobs, so can't get another anytime soon.
I understand we can take out indemnity, but that would only cover the cost of removal, so they'd still be left without an extension, and are understandably getting cold feet.
I believe I acted in good faith in asking the council what permissions were needed, if they'd told me at the time we needed planning, we'd have applied for it.
Is there anything we can do to reassure in the timescales available?
Or are our only options:
a) Do nothing, hope the council say nothing, and hope that as it's been 3 years without issue, no will will ever say anything?
b) Get retrospective planning and put the house back on the market, assuming the council actually give us planning?
c) Sit on our hands for a year, until 4 years have passed, and then get a Lawful Development Certificate?
Sorry about the long post!
Thanks in advance
Andy