Looking at a house with unplanned adaptions.
Looking at a house with unplanned adaptions.
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Discussion

Miguel Alvarez

Original Poster:

5,159 posts

194 months

Wednesday 3rd August 2011
quotequote all
Hi Guys.

I'm, looking at buying my first house and have seen one slightly over my budget but affordable with some moderations that were never given planning permission.

A garage that crosses the neighbours boundaries. I can see this will not be allowed and will have to come down. How they got the neighbour to agree to it I have no idea.

A loft conversion.

A conservatory.

If I buy what would the possibility being that I can keep the loft conversion and conservatory assuming they meet building regulations? If they all have to go then it becomes an overpriced regular house.


BuzzLightyear

1,426 posts

206 months

Wednesday 3rd August 2011
quotequote all
I'd leave well alone if I were you! I would imagine your solicitor / conveyancer would advise the same.

House-buying has enough issues to deal with, This would be adding greatly to potential problems AND cost.

HTH

PugwasHDJ80

7,654 posts

245 months

Wednesday 3rd August 2011
quotequote all
force the seller to pay for indemnity insurance- sufficient to cover legal costs, remedial costs, replacement costs and loss of value costs.

Or knock the value of the offending items off the offer price

or, if they've been up for over 7 years then its unlikely that any planning action would be unenforceable!

Miguel Alvarez

Original Poster:

5,159 posts

194 months

Wednesday 3rd August 2011
quotequote all
Its a repossession sorry should have added that earlier and they've been done in the last few years according to the agent showing me around.


Jobbo

13,636 posts

288 months

Wednesday 3rd August 2011
quotequote all
If the garage was agreed by the neighbour then it may not have to come down - however, if that wasn't in writing you're going to have problems. Not a planning issue (though there may be a planning breach as well) if it encroaches on someone else's land.

As for the loft conversion etc, I presume they don't have building regs consent either. Basically you can't legally use them if so and they may have to be reverted back to the original; so value the house without them then deduct the cost of putting it back afterwards. The price may not stack up so well then.

andye30m3

3,497 posts

278 months

Wednesday 3rd August 2011
quotequote all
From a planning point of view, I think that if the planning department haven't done anything about it after 4 years of being built there's very they can do.

Building regs would be more of an issue to me, If they haven't bothered with planing have they bothered building it properly.

Miguel Alvarez

Original Poster:

5,159 posts

194 months

Wednesday 3rd August 2011
quotequote all
Not looking to be much of a deal then. I was going to put what I consider to be a low but realisitic offer taking into the equation I may have to pay to knock all the moderations down but the estate agent said they've had offers already lower than the asking price but over what a unmodified house would cost. Of course he could be feeding me lines.


hidetheelephants

34,151 posts

217 months

Wednesday 3rd August 2011
quotequote all
Miguel Alvarez said:
Not looking to be much of a deal then. I was going to put what I consider to be a low but realisitic offer taking into the equation I may have to pay to knock all the moderations down but the estate agent said they've had offers already lower than the asking price but over what a unmodified house would cost. Of course he could be feeding me lines.
Shurely Shome Mishtake?hehe

Miguel Alvarez

Original Poster:

5,159 posts

194 months

Wednesday 3rd August 2011
quotequote all
Lol.

deanrufleg

407 posts

280 months

Thursday 4th August 2011
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A conservatory - depending on size - falls under permitted development. And if it is a conservatory, is exempt from building control, but of course subject to building regs.
Definition of a conservatory is walsh must be 50% clear/glazed opaque, and 75% of the roof must be clear /glazed/opaque...


Loft conversion.
Again, I believe that this can be can be converted as an attic room, or hobby room, under permitted development again.
If it is to be used as a bedroom, then it falls under permission and building regs/ inspection.

Indemnity route seems the best way to go.....

hidetheelephants

34,151 posts

217 months

Friday 5th August 2011
quotequote all
deanrufleg said:
A conservatory - depending on size - falls under permitted development.
Possibly not if it's in a conservation zone/area or the house is listed.

RV8

1,570 posts

195 months

Friday 5th August 2011
quotequote all
You can get it checked out by a surveyor, he'll know if it meets building regs. I have owned a few properties like this in the past and it's no issue to be concerned about in my experience.

My advice is that it's best not mention it and get your solicitor to set up an indemnity (insurance) policy - in the highly unlikely event that it causes problems in the future. You can get a policy for building regs and a separate one for the lack of planning permission, they should be less than £300 all in, a drop in the ocean on a house purchase and it is quite common to have these policies for one thing or another. The reason, btw, that I say do not mention it to anyone else is because if you make it known to the planning dept etc. BEFORE getting the policy then the insurance company will not insure it (I do not mean the home insurance, that is different) it's a question they ask - of course with regards to planning departments I doubt they will turn up out of the blue as they never have the time unless you give them the incentive which is why the insurance company ask.

You could apply for post build planning approval in the future, after the policy is effective, but tbh the policy in itself is enough of a garuntee - after a period of time the council will have a major issue enforcing it's demolition and if you feel the building is slightly over a boundary, well even that can be sorted after a certain time has expired as you will effectively have 'good title' on that area, again you can stir up a problem (which was previously a non problem) by mentioning this to the neighbor who obviously didn't object at the time.. if there is no issue currently there will more than likely be no issue in the future.

If its the right house for you, go for it. Don't be put off by matters such as this.

Jobbo

13,636 posts

288 months

Friday 5th August 2011
quotequote all
A caveat for those suggesting insurance policies - insurance doesn't remedy the actual breach of planning/building regs, so if the local authority does serve notice requiring removal of the unauthorised works, the policy will simply pay for removal. Not necessarily a solution if you buy the property expecting to be able to use the conservatory, loft etc.

RV8

1,570 posts

195 months

Friday 5th August 2011
quotequote all
Being as most planning officers are nigh on impossible to get hold of, because they are busy dealing with real current issues, what are the chances of them coming out to inspect an existing development which has been there a number of years and no one has even mentioned it to be a problem (lets not forget it is not something the magnitude of a castle built in his garden we're talking about) Do you honestly think they will bother with a loft unless you start poking them with a stick. It seems some people have visions of the planning department having some undercover black ops wasting time making you pull down a development no one has had a problem with since it was built..

Edited by RV8 on Friday 5th August 10:49

Jobbo

13,636 posts

288 months

Friday 5th August 2011
quotequote all
I'd be more concerned about the quality of the work if it hasn't passed building regs. Roof support inadequate, insulation and ventilation inadequate etc.

RV8

1,570 posts

195 months

Friday 5th August 2011
quotequote all
Like I said get a survey done if you are unsure, they will check all of this. Or get the building regs (they are available on line) grab a tape measure and an inspection lamp and see for yourself. It's not rocket science.

The chances are if it's not gone through planning the building control was not sought either, doesn't mean to say it's a death trap that is jumping to extremes!

hairyben

8,516 posts

207 months

Friday 5th August 2011
quotequote all
Fact you're asking on a interweb forum means no, you shouldn't pay more than an equivalent unmodified house, perhaps less considering potential reinstatement costs. Any more and you're gambling.

Things like attic extensions and conservatories are in building terms generally simple formulaic jobs and building control spend would be small. Like Jobbo says, what else has he economised on, you can make "huge savings" in areas like the foundations, the electrics, the roofing just by not bothering with all them silly rule books. In my experience there are few "good jobs with a couple of corners cut" around- it's done properly or it's done cheap as fking possible by people who deserve to have their hands cut off.

Jobbo

13,636 posts

288 months

Friday 5th August 2011
quotequote all
I didn't say it was a death trap; however, you simply don't know one way or the other. A surveyor isn't going to get behind plasterboard to check fixings, that's why building regs requires inspection during the construction.

Miguel Alvarez

Original Poster:

5,159 posts

194 months

Friday 5th August 2011
quotequote all
Cheers for the advice guys. I like it but I'm slowly leaning towards doing similar work to an unmodified property. As this one had been repossessed I was thinking it maybe a bit of a deal. Maybe not. I've got a few more to view before I start drawing up the short list.

With regards to the garage crossing the neighbour's line. The estate agent asked the neighbour why they allowed the work to be done and the answer was they just assumed that permission was given.

Jobbo

13,636 posts

288 months

Friday 5th August 2011
quotequote all
Miguel Alvarez said:
With regards to the garage crossing the neighbour's line. The estate agent asked the neighbour why they allowed the work to be done and the answer was they just assumed that permission was given.
Sounds very odd - they just assumed that whom had given permission to build on their property?!