buying house with built different to planning permission

johnmar

Registered User
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15
Hi,

I hope I can get some advice here. I have had a bid accepted for a house that myself and family are really keen on. The house was originally a 3 bed with side garage. In 2003 the owners converted the garage into an extra living room and also added an extra bedroom above. They also extended the kitchen at the rear. We had a structural survey completed and the works looks to have been completed properly. However after checking the plans as per the planning permission to work completed is different. Namely,
1. There were plans to add two extra bedrooms but only one was added with an ensuite.
2. An area listed as a utility area is actually a larger open plan kitchen area.

I spoke with an architect and he advised internal modifications were minor. However if any external modifications to the planning permission were made these would be a serious issue i.e. windows, doors, walls, etc.

We are following up on this however would welcome any advice on what we should do. As the work was completed 11 years ago can the existing owner apply to have the work as done approved now with planning? Thank you
 
I was in a situation a while back when I bought a house with a conservatory to its side. There was no planning on the conservatory and my mortgage provider got into a big huff over it. It was resolved in the end when my mortgage provider chose to "ignore" it to get the deal done (the height of the boom). But the deal did almost fall through. My advice is to get the existing owner to get retention asap.
 
Before going any further, ask that the vendors' to provide all planning documentation including Architect's Certificates of compliance with Planning Permission and Building Regulations.

As a conveyancing solicitor, as a matter of practice, I insist that the Vendors' provide these before the Purchasers' surveyor goes out.

Once a house goes on the market, all the title/planning paperwork should be in order and should be readily available for any purchaser/ their solicitor to view.

If the paperwork is not in order ( and, regrettably, not in order is more likely than otherwise ) then the issue of what to do arises. This is where you talk to your own architect and solicitor. How bad is it? Is it fixable? Is it a disaster? Should you forget it?
Should Vendor apply for retention? Reduce price? etc.,etc.,


mf
 
Thanks for the feedback, the vendor did provide an architect’s certificate of compliance which done last month. However no consideration must have been provide to the actual planning permission. While the work does appear to comply with building regulations and my surveyor believes it to be structurally sound it's not to the original planning permission. For some reason they didn't reapply to change the planning permission to the work that was actually provided. I suspect the builder advised them against the design as per the planning permission and they went ahead with a different design. I wonder what the approx. costs and time frame is to get retention? I am assuming there have been no complaints against to work completed however can I check this anywhere? The work was completed in 2003 so would it be likely to get retention given it's in place 11 years. Thank you.
 
Suppose that the extension had been built in 2003 in full compliance with the planning permission, both as regards the exterior and the interior layout.

Suppose that in 2008 the owners judged that the interior layout did not suit their lifestyle preferences, and converted one bedroom to an ensuite bathroom, and also opened up the utility area to make the kitchen larger.

Would you, your solicitor, or your mortgage lender see a problem?

[And does it matter that the room in which I am now sitting was two rooms when the house was built?]
 
I spoke with an architect and he advised internal modifications were minor. However if any external modifications to the planning permission were made these would be a serious issue i.e. windows, doors, walls, etc.

I think you've answered your own question here: the use and exact arrangement of internal rooms is of little relevance to planning, provided the work done meets building regulations (which you say it has), and the building isn't a protected structure.

What do you mean by "if any external modifications"? Can't you tell from looking at what's there vs. what's in the original planning application?
 
OP: in response to this
..Before going any further, ask that the vendors' to provide all planning documentation including Architect's Certificates of compliance with Planning Permission and Building Regulations.
mf
You penned:
Thanks for the feedback, the vendor did provide an architect’s certificate of compliance which done last month. However no consideration must have been provide to the actual planning permission.

How do you draw the conclusion in the second sentence if you have a cert of compliance.
It either complies or not

The timescale is about 3 months, assuming no wrinkles.
The fees will be published on the Local Authority website: they are based on area and are a multiple of planning fees.

One thing to be aware of is that if it does not comply then this condition persists until rectified so its an ongoing problem for you if you buy without getting all the paperwork correct. As already noted some banks will just not finance property that is not 100% squeaky on planning/building regs.
Back in 2009 there was a proposal to remove the statute of limitations for the LA to seek enforcement orders: I don't know if it ever got removed.
 
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