No Planning permission and Building Regulations
Discussion
I am looking to purchase a residential property for a member of my family, with the initial purchase being a cash payment, with a mortgage following shortly afterwords.
Although I am not doing the legal conveyancing work, my intial searches indicate the seller is a practicing solicitor, and that in 2009 a Bank put a charge on the property of almost the present asking price. Whilst the property has received extensive modernisation, loft conversion-making the property a 3 floor residential home, conservatory, with possibly interior walls having being removed, searching the local council’s online planning portal, I find NO planning application, thereby planning permission, and NO building regulations for the works.
What are the implications for a buyer either considering or purchasing a property where works have taken place without both planning permission and building regulations being obtained.
Although I am not doing the legal conveyancing work, my intial searches indicate the seller is a practicing solicitor, and that in 2009 a Bank put a charge on the property of almost the present asking price. Whilst the property has received extensive modernisation, loft conversion-making the property a 3 floor residential home, conservatory, with possibly interior walls having being removed, searching the local council’s online planning portal, I find NO planning application, thereby planning permission, and NO building regulations for the works.
What are the implications for a buyer either considering or purchasing a property where works have taken place without both planning permission and building regulations being obtained.
You won't find anything on line to do with Building Regulation applications!!!
You will however find them for Planning. When you say loft conversion do you mean dormers? Also the size of the conservatory?
You can do a lot to a property nowadays without having to apply for planning!
Have a look at the Planning Portal web site and take a look at the inter active house holders guide.
Finally if the Local Building Control office works the same way mine does then they tell you if an application was ever submitted.
You will however find them for Planning. When you say loft conversion do you mean dormers? Also the size of the conservatory?
You can do a lot to a property nowadays without having to apply for planning!
Have a look at the Planning Portal web site and take a look at the inter active house holders guide.
Finally if the Local Building Control office works the same way mine does then they tell you if an application was ever submitted.
How long has it been since the works were done?
When I bought my house it had a timber framed extension above the garage. This had never had a planning application.
As it had been there for more than 4 years, planning was no longer required.
I ended up knocking it all down and doing it properly anyways.
When I bought my house it had a timber framed extension above the garage. This had never had a planning application.
As it had been there for more than 4 years, planning was no longer required.
I ended up knocking it all down and doing it properly anyways.
It could all be within permitted development (so no planning needed) but would still need building regs. The vendor will have proof that its signed off.
Even if its not sighed off it might not be an issue, you can do it retrospectively (if you are confident its been done properly).
Even if its not done properly (to the regs) there is a time limit on when the council can take any action (assuming its a technicality rather than a dangerous issue).
I'm sure someone with more experience than me can point you to the actual rules etc
Even if its not sighed off it might not be an issue, you can do it retrospectively (if you are confident its been done properly).
Even if its not done properly (to the regs) there is a time limit on when the council can take any action (assuming its a technicality rather than a dangerous issue).
I'm sure someone with more experience than me can point you to the actual rules etc
I would suggest that the Conservatory is totally exempt. I have just had one built & paid £80 for a 'Lawful Development Certifercate', just to cover myself if I do move... They didnt even carry out a visit, just sent me a letter saying it is all legal & above board. I did not need building regs either as there is an exterior door between it & house - I do not have a bit of paper for that as you dont need one.
Interior walls - if just partition / non-load bearing you still need building regs. But as an example, every other house in my street (all detached) have removed a wall to join kithcen/diner, I bet nobody got building regs approval. When I purchased my house that wall was already removed. No questions were asked about it at all...
Loft conversion sounds a bit iffy though....
At the end of the day, if a buyer wont buy due to lack of documentation then it is up to them, somebody else will!
Interior walls - if just partition / non-load bearing you still need building regs. But as an example, every other house in my street (all detached) have removed a wall to join kithcen/diner, I bet nobody got building regs approval. When I purchased my house that wall was already removed. No questions were asked about it at all...
Loft conversion sounds a bit iffy though....
At the end of the day, if a buyer wont buy due to lack of documentation then it is up to them, somebody else will!
Depending on when the work was done it may not need planning as it could have been permitted development and even so if its more than 4 or 5 years old there's very little the planners can do.
More of a concern would be building regs as converting a house from 2 to 3 story significantly changes the fire escape strategy, in a 2 story house is generally accepted that you can escape through the first floor windows (subject to opening sizes) once your up to 3 story you'd generally be looking at a fire escape route, fire doors on all rooms opening onto this, It's all easy enough to achieve.
As others have said I'd speak to the local building control to see if an application has been submitted and the works signed off.
More of a concern would be building regs as converting a house from 2 to 3 story significantly changes the fire escape strategy, in a 2 story house is generally accepted that you can escape through the first floor windows (subject to opening sizes) once your up to 3 story you'd generally be looking at a fire escape route, fire doors on all rooms opening onto this, It's all easy enough to achieve.
As others have said I'd speak to the local building control to see if an application has been submitted and the works signed off.
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