Planning permission issue/query

[random2011]

hi aam

We are sale agreed on a house and expect contracts to be issued in the next 2 weeks. The house has an extension which we believe was built in 2000 and is greater than 40sq foot. I have checked local planning records and there is a record showing Outline Permission was applied and the status is New Application.no further action appears to have being taken. My question is as I understand no enforcement is possible but is this only useful for current owners if they decide to remain but if they want to sell do they require retention. Will the bank allow this sale without the retention.im thinking this will not be allowed to through as no planning exists and no cert of compliance will be present.

 

[mf1]

This is a Pre Contract issue.

You've already clearly flagged that you expect there is a problem. You should ask the Estate Agent to have the Vendor's provide such planning documentation as they will be relying on in the Contract. Have your solicitor review that before investing any more time or effort in this property.

As a general rule, for extensions, they are either exempt development ( and so certified by a qualified person) or not exempt in which case a purchaser needs to see the Planning Permission and Certificate of Compliance. In either case, you also need a Certificate of Compliance with Building Regulations.

A cash purchaser can "take a view" but a purchaser borrowing must disclose the issue and most banks won't proceed unless the situation is rectified.

mf

 

[Branz]

as mf1 plus
its 40 sq metres.
what did the house survey say about it or did it specifically exclude planning matters.
What did your solicitor say?
I hope you went sale agreed subject to clear planning
i presume you mean: will the bank allow the purchase by you, as opposed to the sale...

 

[random2011]

Just to add I have since learned that the extension was built by previous owners probably sometime in the 70,80's as current owners have lived there for the last 28 years. I doubt I would find planning history attached to this but not sure if this makes it exempt or do owners still require retention and cert of compliance b4 selling it to us

 

[mf1]

Stop sweating this. See below. Do it properly, not relying on hearsay and bits and bobs relayed to you by other people

You would not believe the amount of time people invest in trying to work something out, from a position of little or no actual information and coming up with all types of different scenarios- before just asking the right questions off the right people.

You should ask the Estate Agent to have the Vendor's provide such planning documentation as they will be relying on in the Contract. Have your solicitor review that before investing any more time or effort in this property.

mf