# No planning permission on house.



## bond-007 (23 Feb 2006)

I just discovered that the house that my parents own and which I grew up in was built without permission. It has been standing for 30 years with no objections. 

What I am worried about is should something god forgive bad happen would they be out on a limb? 

Can this situation be fixed even after 30 years.


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## MOB (23 Feb 2006)

It is now immune from any planning enforcement proceedings.   

This immunity is not quite as good as having planning.  For example, if the house burnt down, its unauthorised status might  - depending on where it is - make it harder to get permission to re-build;  If for any reason there were to be a CPO, you are not entitled to compensation in respect of unauthorised development.   And to be 100% safe, you might want to declare the planning status to your insurer.   I haven't come across an insurer looking into lack of planning permission as a means to avoid paying out, but in theory it could happen

I wouldn't worry too much about it.


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## bond-007 (23 Feb 2006)

Would their be issues if my dad tried to sell the house?


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## Allen (24 Feb 2006)

Can bond not apply for retention planning permission?


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## NiallA (24 Feb 2006)

bond-007 said:
			
		

> Would their be issues if my dad tried to sell the house?


 
Bond, most solicitors would advise against buying a house without planning permission.

If your parents were thinking of selling, then by all means apply for retention planning, however if not don't apply. You may be refused (but then back where you started down the cost of the application) or if granted would most likely charges planning levies for the house, which could run to thousands (check your councils website, they shoul dpublish the scheme of levies).

You say the house was built 30 years ago, ie after 1964 when the planning law came into effect, so it would have needed planning.


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## bond-007 (24 Feb 2006)

Where does this immunity come into play? After how many years?


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## MOB (25 Feb 2006)

seven years; as best I recall, a 1994 planning amendment act (originally five years, changed to seven, or maybe the other way round, can' t just remember) ; any architect could give you the exact details


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## NiallA (26 Feb 2006)

Under the Local government Planning and development act 1994, planning enforcement couldn't take place after 5 years had elapsed, this was extended to seven years in the planning and development act 2000.
I'm not sure if this applies to the start or the finish of the construction. You might need to check with a solicitor on this. 
30 years though, safe as houses


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