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planning permission
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we are currently selling our house and i think the arch way and exstension didn't have planning permission from previous owners. What will happen when it comes to our survey
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I guess you mean you bought the house with the extension already there and now you are selling.
There are two parts to this - Planning Permission and Building Regs approval.
Planning Permission may have been required if the extension is large, but often one can use what are called Permitted Development Rights to extend. And anyway if the extension has been there more than 4 years (and it needed Planning Permission in the first place), no-one can now force its removal. In the worst scenario you may be asked to acquire a Certificate of Lawful Use.
Lack of Building Regs approval is likely to be more of a problem because there's nothing to show the extension was constructed with adequate strength in foundations, with adequate insulation, with ventilation - that sort of thing. And you can't get retrospective BR approval. However the good thing is that it is still standing - so there isn't probably a problem. However that doesn't stop sharp-eyed solicitors demanding an indemnity insurance policy - just in case a problem arises. Such policies cost a �100 or so.
There are two parts to this - Planning Permission and Building Regs approval.
Planning Permission may have been required if the extension is large, but often one can use what are called Permitted Development Rights to extend. And anyway if the extension has been there more than 4 years (and it needed Planning Permission in the first place), no-one can now force its removal. In the worst scenario you may be asked to acquire a Certificate of Lawful Use.
Lack of Building Regs approval is likely to be more of a problem because there's nothing to show the extension was constructed with adequate strength in foundations, with adequate insulation, with ventilation - that sort of thing. And you can't get retrospective BR approval. However the good thing is that it is still standing - so there isn't probably a problem. However that doesn't stop sharp-eyed solicitors demanding an indemnity insurance policy - just in case a problem arises. Such policies cost a �100 or so.
Thanks ever so much for replying. Yes there was an existing exstension there and we have refurbed it and put new patio doors in and took down the existing back door so we can can walk through(5years ago) My dad is a bricklayer so everything we have done has been done properly. But for instance the doors was a favour from a friend so no cerificates etc. When i asked local council apparently no planning was made for the exstension but when we moved in nothing was mentioned about it or th earchway they knocked through(kitchen diner) with our solictors.
Im really worried as the survey is being done early next week and I feel if anything was to crop up the people buying our house would pull out.
So basically we can get an insurance and that would cover this??? Do you know if it could hold everything up?
The exstension is in excellent condition. It's 15 foot by 12 foot and the same height as the rest of the downstairs.
Thanks
Im really worried as the survey is being done early next week and I feel if anything was to crop up the people buying our house would pull out.
So basically we can get an insurance and that would cover this??? Do you know if it could hold everything up?
The exstension is in excellent condition. It's 15 foot by 12 foot and the same height as the rest of the downstairs.
Thanks
Many more homebuyers and their solicitors are aware of this now than a few years ago. Afterall you still bought the house and it has done you OK. What is more likely to happen is that buyers use it as a negotiating lever to try and justify offering a lower price. A few may be put off completely and or demand the indemnity policy. Many are just guided by what their solicitors tells them.
Indemnity insurance is more widely available now - because there's a bigger demand. Why not check it out now in case. Then you know what to do if asked about it.
And follow the surveyor around and see if he asks questions. Just say as far as you know, everything was done correctly at the time and the house shows no evidence of problems. The thing he/she will show most interest in is probably the archway. If a structural (external) wall was pulled down, there should have been BR calculations associated with the load on the lintel that supports the wall above.
Indemnity insurance is more widely available now - because there's a bigger demand. Why not check it out now in case. Then you know what to do if asked about it.
And follow the surveyor around and see if he asks questions. Just say as far as you know, everything was done correctly at the time and the house shows no evidence of problems. The thing he/she will show most interest in is probably the archway. If a structural (external) wall was pulled down, there should have been BR calculations associated with the load on the lintel that supports the wall above.
I had a similar problem last year when we sold our previous house. Some "eagle eyed" surveyor mentioned about the fact that we had converted the back of our garage in to a utility room. This was picked up by the purchasers over reactive solicitor. However, the problem was resolved by an indemnity policy.
I wish you luck, house moving is stressful enough with this and the new HIP's is another hurdle now to cross for sellers. The way things are going, in the future nobody will be able to move!
I wish you luck, house moving is stressful enough with this and the new HIP's is another hurdle now to cross for sellers. The way things are going, in the future nobody will be able to move!
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