Bear in mind that the permitted development rights which apply to many common projects for houses do not apply to flats, maisonettes or listed buildings. Architect Tamsin Bryant says that finding out when the extension was built will be key.
If the property is listed, it is a criminal offence not to seek consent when it is required. If this is the case, be sure to be thorough and obtain the relevant consents prior to your ownership. Not knowing a building is listed is not a defence to any criminal proceedings. This makes it very important that any doubt is investigated and discussed with the local planning authority. When: If the work that has been done does not fall under permitted development rules, the next thing to consider is when the extension was built.
If the work was done more than four years ago, you can make a formal application to your local authority for a certificate to determine whether your unauthorised development can become lawful through the passage of time, rather than through compliance with space standards. This would mean you could continue without the need for planning permission.
This will cost you in consultant fees and application fees, and the extension may also invalidate your insurance. This may be a bargaining chip to negotiate a lower price. How: You can apply for a retrospective planning application for the work that has been carried out. Although a local authority may ask for a planning application to be submitted, it does not mean that planning permission will automatically be granted.
The application will be treated in the usual way. If the retrospective application is refused, the local authority can issue an enforcement notice which requires you to put things back as they were. If it is a complex case, you may ask the seller to apply for this retrospective application prior to your purchase, or negotiate a purchase subject to retrospective planning consent. All building work must comply with building regulations. These are minimum standards for design, construction and alterations which are set by the Government.
Building regulations: As well as ensuring the extension is in line with planning rules, you also need to make sure it meets building regulations. There are minimum standards for design, construction and alterations which are set by the Government. If the previous owner doesn't have the relevant completion certificates, you can apply for 'regularisation' or retrospective approval. This involves a local council building control surveyor visiting the site and assessing the work to see if it's up to standard.
If not, they will recommend improvements to bring it up to standard so they can issue the appropriate certificates. There is also a time limit on the repercussions that can come about from contravening building regulations. After two years, contravening building works gain established use. Therefore prosecution is possible up to two years after the completion of the offending work. However, within the first 12 months from the date of completion, the local authority may serve an enforcement notice on the building owner requiring alteration or removal of work which contravenes the regulations.
If the owner does not comply with the notice, the local authority has the power to undertake the work itself and recover the costs of doing so from the owner. Mortgage broker Mark Harris says lenders should accept indemnity insurance as a protection against legal action resulting from a non-permitted extension. Mark Harris, chief executive of mortgage broker SPF Private Clients, replies: There could be an issue with getting a mortgage depending on what work has been done, when it was done and what action has been taken.
Do the works fall under permitted development? Flying freeholds are reasonably common, but many homeowners aren't aware of how they can impact the sale of their home. Here's what you need to know. Please tick the box below to confirm that you have read and accept these terms. We're open: 8am to 9pm Weekdays 9am to 6pm Saturday 9. Prefer to talk?
Speak to an expert about your your home move. Puzzled by the home selling process? Frequently asked questions: How do I speed up the conveyancing process? What documents do I need when selling my home? What must a seller disclose when selling a property? Author: Gaynor Haliday, Legal researcher. About the author Gaynor Haliday is an experienced legal researcher and published author.
Conveyancing services Buying. Transfer of Equity. Or arrange a callback Call me back. Latest blog. Garden Design Ideas on a Budget How long does it take to build an extension and should we move out? Sliding doors — ideas and inspiration Side return extension ideas Guide to costs and planning permission for a two storey extension A short guide to conversions — change of use to residential Timber cladding — ideas and inspiration Do I need planning permission for a garden room?
Can garden designers work remotely? Can interior designers work remotely? How long does it take to build a house? How to build a house in your garden — a concise guide Planning for a mansard roof extension How long does a planning application take? And how to avoid delays… Do I need a party wall surveyor?
How to reinstate a fireplace Do I need a project manager for a self build or home renovation? Top tips for a low maintenance garden Small garden ideas from the experts Expert tips to cut your house extension costs Planning permission in a conservation area — a simple guide Alternatives to grass — what can I have instead of a lawn? Can I build an extension without permission? Building control regulations for an extension Colour Psychology in Interior Design Should I pay for planning pre-application advice?
Building your own home When to Choose Grey or White Wood Flooring Modern kitchen designs — five of the most stylish kitchen companies in pictures Black steel framed doors and windows — ideas for your home extension. Meet DfM's Design Pros. What is Design for Me? Find your home design pro. Do I need a certificate of compliance?
The interesting aspect of this question is whether or not the query arose at the time you purchased the property. In any event, the fact is that you are selling a property with an extension for which planning permission was not obtained. As a general rule, properties built before did not require planning permission and most developments since then did. There are certain rules surrounding exempt development, and generally house extensions of less than 40sq m built to the rear of the existing house can be termed exempt development where planning permission is not required, but a certificate of exemption is.
In addition to planning permission, any development will also generally need to be compliant with building regulations. A certificate of compliance is a certificate issued by a properly qualified building surveyor or similar confirming that the property is built in accordance with any planning permission granted. If there are differences between the property and the planning, the surveyor will need to confirm that these differences are indeed exempt development and the certificate will be qualified to cover this.
It really is best practice to obtain planning permission for all alterations whether or not they may be exempt — this ensures that your property is fully compliant with all aspects of planning, including building regulations, and will avoid any last-minute hitches. I have frequently come across scenarios where extensions were carried out with the property owner genuinely of the understanding that the extension was indeed exempt only to find out at the last minute that it was not, and causing significant delays for all parties to the transaction.
My advice would be to immediately have the property inspected by a qualified building surveyor, or similar, with an instruction to him to issue a certificate of compliance. This will very quickly establish the necessity for any planning application for retention that may be required.
Edward Carey is a chartered residential agency surveyor and member of the Society of Chartered Surveyors Ireland, scsi.
0コメント