planning permission

[macatoony]

In August 1999 my partner and I bought a brand new 3 bedroom detached property on a new development (Redrow.) The property was sold to us with outline planning for a garage which we then had built towards the end of 2000. As there was outline planning for the garage, we proceeded without planning permission as we thought it was not needed. However we are currently in the process of selling the property and have been told by friends that Redrow should have been consulted for the consent of the construction and our local authority should have also been informed. We are now a little worried as we are expected to exchange contracts within 4 weeks and feel there may be a few problems . Has anyone got any advice on this for us please??

[matchew]

I wouldnt be 2 worried. Depending on the restrictive covenants on your property you may be able to get indemnity policy to cover the lack of planning permission. Have a worried with your solicitor in regards to the Office Copies at the LR to see the covenants/easements. Since planning was in place for the garage cant see it being an issue unles Redrow hold a restriction against your property. Exchange in 4 weeks? Hope there is no chain!

Hope this helps

[macatoony]

Thanks for your help and no, there is no chain - 1st time buyers!!

[buildersmate]

There's a difference between Outline Planning and Detailed Planning. One accepts the principle that a development is allowed to occur, the other shows the exact elevations proposed and the use of materials for walls and roof. Once a structure has been in place for >4 years without the necessary planning, a Local Authority cannot force its subsequent removal.
You should be guided by your solicitor, but he/she may suggest applying for a Certificate of Lawful Development. This is often used in these cases to 'regularise' the planning situation. I don't think that you can get indemnity insurance to cover this.
The Redrow situation is almost certainly caused by a restrictive covenant placed by them on a houseowner developing their house for a period of time (often 5 years) after purchase. This is quite common on new estate developments and it is done to ensure the developer has control over what happens whilst they finish and sell the rest of the dwellings on the estate. They don't necessarily want homeowners doing extensive building works. Usually it requires permission through submission of plans and paying a smallish fee - perhaps �100 - to Redrow. You will almost certainly have to do this retrospectively because the buyers solicitor will expect it. But your solicitor will advise.