Solicitor did not raise planning /building reg permission is

[philv]

Hi,

bought a house as a repossesion 3 years ago.

1) It has a flat roof kitchen with no planning permission or building regs (15 years old)

2) It also has conservatory with no planning permission (10 years old). The exterior wall glass area is less than 50% of total surface so should have had building regs but doesnt.

Now i was thinking that both were safe as old.
But the conservatory also requiring building regs etc worries me.

I am due to have council planning department around soon to discuss knocking it all down and starting again. (prob wont get permission).

But the conservatory now worries me as they could possibly say it has no building regs due to the surface area of the glass.

Now neither mine or the selling bank's (repossession) solicitor raised any concerns about planning permission or building regs.

Where do i stand with the solitors/bank etc as far as this?

If i am forced to knock it down have i recourse against them?

What about if i want to sell? Possible problems? Any recourse again?

Thanks,
phil.

[andye30m3]

The planning department can do anything after 4 years,

I spoke to the recently on behalf of a friend who was worried about an extension on a house they were looking to buy.

I'm not to sure what the building regs cut off time is but if your looking to improve whats already there I'd expect them to be open to suggestions, I tend to find them easier to deal with the planners

Have you looked at speaking to a private building control provider, they can at time be a lot more proactive in sorting these problems out.

[RedWhiteMonkey]

Haven't you already asked this one: http://www.pistonheads.com/gassing/topic.asp?h=0&a...

[Jobbo]

It's up to the buyer to investigate the property - or did you show your solicitor round before exchange of contracts and point out the extension and conservatory and ask him to check the building regs and planning position?

Have a look at what they sent you at the time of the purchase. I imagine they will say that they have no information from the seller (being a repossession this will inevitably be the case) so you should satisfy yourself.

ETA: looking at the previous thread, my answer there is diametrically opposed... which makes it blatantly clear that if you post limited information then you won't get the right advice.

[TimCrighton]

This is difficult to answer without knowing the specifics but given the timescales involved you may not need planning consent - you should investigate a certificate of lawfulness. These apply to extensions and new builds after a period of 4 years: "This may include, for example, a house that has had an extension built without permission despite it being required. After four years an application may be made for a certificate." Thats a quote from the form!

I don't understand why the planners are now involved though? I would imagine that your lawyer considered that there would be grounds for a certificate of lawfulness...