No planning or building consents !!

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Hello All

I really hope that someone out there can give me some useful advice on this matter.

I bought a 3 bed semi 3 years ago. I had a survey carried out which pointed out that that my solicitor should check that the rear one storey extension had the necessary planning/consents in place. I mentioned this to the solicitor via email. No walls were removed - only the original french door and kitchen door leading to the garden. The kitchen was then moved into the extension.

The sale proceeded, and on the day of the exchange I happened to mention, as you are supposed to do I guess whether searches contained the necessay paperwork. He said the searches did not show anything.

He explained that Building Imdemnity Insurance could be obtained and paid for by the vendors. I accept, as the extenion was built around 20-25 years ago. The survey did not point out any problems with extension. The solicitor also explained that the LA could not start any enforcement for lack of PP or BC

Now 3 years later I wish to remodel the extension and put in a new kitchen and perhaps replace the flat roof with a pitched one, together with a roof light or two. I may also move the french doors onto the garden along a bit to give me more space on the kitchen side of the room.

My problem is that I probably need building consent for this, or maybe planning permission, and now reading the insurance docuement it will be voided if the council get knowledge of the works done long ago.

Where do I go from here, an I stuck with this situation, as I would like to have things above board. What would the LA do when I notify them of the new work. I do understand that the LA cannot enforce me to take my existing extension down due the time passed, howeve, I dont want a situation where once they are notified, will not sign any new work off. I really am confused about what to do next. basically I am a little annoyed with the solicitor for not advising with me about my options. at the time. He said nothing about problems that could arise. Buyer beware seems to be the key phrase mentioned before.

Anyway back to my story. What I would like to know is what I can do for the best. Would the La grant planning permission and BC pass the new work on its own merits or would they start raising the issue of the past work. I guess this sort of thing must have come up before. Any would be really useful .

Many thanks - sorry for the long post.
 
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My understanding is that if you are planning to do works to that extension and are notifying to the LA, you will be doing it in line with current regs anyway. As you say, your indemnity becomes void, but because the council will be signing off your "new" works, it becomes unecessary. When you go to sell, you will have certificates (if you get it all signed off) and it won't be a problem.
 
Stop worrying. Get on and do your proposed works. Follow the current rules for planning and building regs and all will end up regularised.

Your indemnity insurance is worthless anyway so just forget about that.
 
Thanks for your post John

I was just a bit nervy about the matter, particulary about what BC people might find with my extension. A friend said they want to see the foundations if I want to put a pitched roof on - what if they are not the required depth etc, then where would that leave me..would they make me underpin the whole thing. That would be a nightmare scanario as my finances are not up to that!! Is this somethnig they would probably want you to fix.

Kevva
 
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Your new foundations will have to be capable of handling any new load. If there's been no significant movement in the last 20-25 years I'd bet they will be OK. Dig a trial hole and see what's there. If it's 600 or so deep and a reasonable width on decent ground BC will be happy with it. If it's inadequate then you don't want to be building on it anyway, so best to know the true picture now.
 

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