Extension with no records

[LoudSquirrel]

Hello all,

A relation has just had her house sale fall through because the council hold no records for the single storey extension at the rear of her property.

She had the extension built about 13 years ago and paid a builder cash.

As far as I can tell there was no architect involved and when selling the home the conveyancer could not find any planning permission records with the council.

She does recall someone coming to visit during the build and requiring deeper foundations. She can recall the foundations being dug to a decent depth and the extension appears (at face value) to be sound. I can imagine this could be a minefield to get signed off retrospectively!

I was hoping for some advice on what I can do to help her get this sorted, as she is overwhelmed by it all!

I believe the options would be (without knocking it down):
1. Take out indemnity insurance and sell below market value.
2. Apply for certificate of lawfulness and sell below market value.
3. Get structural survey and council out to inspect the extension and apply for retrospective planning permission.

Are these all viable? Does she need to act quickly? (I assume the longer this is left the harder to make good?) What would you advise?

Thanks for taking the time to read

 

[mrrusty]

built about 13 years ago

So it's way out of any enforcement period, so for all intents as far as the council are concerned it isn't a problem.

You can't get indemnity on something the council are aware of, so that's a non-starter. It comes down to the buyers survey and what a buyer will pay.

conveyancer could not find any planning permission records with the council.

and

She does recall someone coming to visit during the build and requiring deeper foundations

these don't relate - foundations would be a building control issue, whereas planning is completely different. As it's way out of planning enforcement, as far as a mortgage company are concerned it is surely whether it is built correctly. As BC and planning are different departments, has the appropriate enquiry been made of building control (and not just planning)? it does seem if "someone came out" that there was BC involvement.

 

[LoudSquirrel]

You can't get indemnity on something the council are aware of, so that's a non-starter.

I am not sure the council are aware, or will the conveyancer have informed them during the search process? But from what you said this is not something to consider anyway?

These don't relate - foundations would be a building control issue, whereas planning is completely different.

That is my mistake, I will have to check back with her on exactly what the conveyancer found (or not).
I have done my own quick search on the council BC website and can't see anything, but this was some time ago I suppose.
I assume the BC part and a certificate of conformity are the most important part here? And probably hard to prove compliance if there are no drawings?

 

[mrrusty]

She does recall someone coming to visit during the build and requiring deeper foundations

This does suggest that BC were involved. I suggest you contact the council and insist they look at older records - there may be a fee. Prob too old for the current on-line system.

 

[^woody^]

There's no way a sale should fall through at the last minute for an extension that was there all the while.

Do not contact the council planning or building regulation teams. A structural or any survey from the seller is of no use to a buyer.

An indemnity policy is the thing to use next time, hence not contacting the council.

There is no reason to reduce the either.

The seller should declare the situation next time and invite the buyers to make sufficient enquiries.

Better estate agents and legal advisor may help.

 

[D Abdi]

Hello all,

A relation has just had her house sale fall through because the council hold no records for the single storey extension at the rear of her property.

She had the extension built about 13 years ago and paid a builder cash.

As far as I can tell there was no architect involved and when selling the home the conveyancer could not find any planning permission records with the council.

She does recall someone coming to visit during the build and requiring deeper foundations. She can recall the foundations being dug to a decent depth and the extension appears (at face value) to be sound. I can imagine this could be a minefield to get signed off retrospectively!

I was hoping for some advice on what I can do to help her get this sorted, as she is overwhelmed by it all!

I believe the options would be (without knocking it down):
1. Take out indemnity insurance and sell below market value.
2. Apply for certificate of lawfulness and sell below market value.
3. Get structural survey and council out to inspect the extension and apply for retrospective planning permission.

Are these all viable? Does she need to act quickly? (I assume the longer this is left the harder to make good?) What would you advise?

Thanks for taking the time to read

Hello,

I can imagine this is a stressful time. There is no harm in applying for lawful development certificate as the extension has been built for a long time now. This would allow for a formal record keeping for future reference. I am an Architect, should you need any further assistance please do contact me.

Kind regards,

D Abdi

 

[tony1851]

I am an Architect, should you need any further assistance please do contact me.

Kind regards,

D Abdi

 

[wessex101]

One obvious thing as it was a rear extension is that it was possibly permitted development and did not need planning permission. That might be why the council has no record of a planning application.

The building regulations aspect is more complicated. As Mr Rusty suggested check that the council still hold records going back 13 years. I was trying to trace an older building regulations application and the council had destroyed all the old application registers so had no idea what applications had been submitted over 10 years old. Alternatively there is a slim chance that the extension was exempt from building regulations, a "porch" or "conservatory" perhaps? Or maybe a private building inspection company was used not the council, I think they were around 13 years ago, although the council should still have a record?