Should I get planning permission?

[thornton_chris]

Hi,

Our house is a victorian terrace which has a loft conversion, single storey extension and a granny annex. All of which were built maybe 20 years ago (before we had the house) and to our knowledge do not have planning permission or building regs approval!

This has bever bothered us and did not cause us an issue when we bought the house.

We have just had it valued and the estate agent (bless his cotton socks) has told us just to wait until a buyers solicitor raises it and get some indeminity insurance (£100-£200). Is he correct?

My thought was to contact the council and ask them if planning permission was ever sought but he says that if they say 'no' then he will have no choice but to put the property on the market at a reduced cost.

Can anyone tell me if he is correct?

Many thanks in advance,

Chris

 

[PrenticeBoyofDerry]

I think your estate agent is not being over helpful here.
If the work has been carried out over 10 years ago, you will have a case for an exemption certificate.
I would suggest contacting your local council regarding applying for a Certificate of Lawfulness

http://www.planningni.gov.uk/index/advice/advice_leaflets/leaflet06-certifcate-lawful-use.pdf

http://www.communities.gov.uk/documents/planningandbuilding/pdf/developmentcertificates.pdf

 

[tony1851]

I would suggest contacting your local council regarding applying for a Certificate of Lawfulness

Why bother? Assuming its not a listed building, there's nothing the council can do about it now.

He could apply for a regularization certificate for the Building Regs side, but then again, why bother? If the work wasn't flagged up when he bought the house, why should all this suddenly become an issue now?

Final questions; does your agent know his stuff, and does he want to sell your house?

 

[freddiemercurystwin]

Your agent is an ass, anyway anything built over 10 years ago is exempt from any prosecution planning or regs (unless it posses a threat structurally).

 

[PrenticeBoyofDerry]

I would suggest contacting your local council regarding applying for a Certificate of Lawfulness

Why bother? Assuming its not a listed building, there's nothing the council can do about it now.

There is, they can issue a certificate of lawfulness!
I am not saying the OP should bother, totally up to them, my reply was to inform the OP that the estate agent has not got a firking clue what they are talking about and show by links what the guidelines are, and if they wish to be bothered, the route in which they should take.
Because some people are more bothered than others!

 

[tony1851]

I would suggest contacting your local council regarding applying for a Certificate of Lawfulness

Why bother? Assuming its not a listed building, there's nothing the council can do about it now.

There is, they can issue a certificate of lawfulness!

Perfectly true, of course, but they would charge him for it!
I don't like seeing people pay a council for no good purpose. Perhaps I didn't get my point over well enough, but if a council can't take enforcement action, I never see the point of paying them for a bit of paper stating "yes, it's OK"

 

[chapeau]

Well it's a buyer's market right now, lots of choice out there, and it doesn't take much to spook them and send them to the next property on their list. If you want to flog your house at the price you desire you need to keep them happy, have all the i's dotted and the t's crossed.

So if you need to pay the lazy incompetent gits in the council planning department some cash to get a piece of paper to show the buyer's solicitor then that is sometimes what you need to do.

But all this work was done by the previous owner. I'm not sure how you can be expected to know much about what they did. If there are no records of the work being completed it might be because they never made it to your box of documents, or the previous owner took them with him. Council records might not go back to then. So not wrong to say it was there when you bought it and it was all checked then and found to be ok. Solicitor will still chase of course as he has his insurance to protect.

At the end of the day you need to do what's neccessary to keep the buyer keen. But what do the other estate agents say? You have got at least three round?