Does old extension need Planning

Q

quinners07

Guest
Hi everyone. First post on here so apologies if its in the incorrect place.

In the process of purchasing a house. This house had an extenstion to the rear of the house 12 years ago, which never got proper planning permission. I am not sure of the size of the extension yet, but it is an extra bedroom and toilet.

Couple of questions
(1) do we have to apply for retention planning
(2) should we ask the seller to do this.

I did a bit of homework and it looks like that if the extension is at the rear of the house (which it is) and is less than 40 square metres (i think its greater than 40) then its exempt from planning permission.

Someone else told me that if the extension was put in greater than 7 years go, it's also exempt ??

All help is greatly appreciated...
 
OK - you need to talk to your solicitor and your surveyor.

From what you've said, it may not have needed Planning Permission because of the size but someone qualified ( Engineer/Architect) needs to confirm that.
Whatever about planning permission, you need evidence that the extension was built in accordance with Building Regs. Same person to confirm.

So it may not need retention permission but it needs to be properly explained/certified by the Vendors. In a bouyant market a Vendor may well find a willing purchaser who will overlook it. Not necessarily so in a more difficult market.

The seven year rule is a real issue - an unauthorised extension does not become authorised after 7 years. It just means that Local Authority cannot compel its removal. It is still an unauthorised development.

mf
 
Thanks mf - I have an engineer taking a look at it tonight to measure the size of the extension. Interesting about the 7 year rule. Seems crazy but not surprising given the hassle i've had with planning authorities over last year.
 
If you are purchasing the property the Solicitor will have to request a Certificate of Compliance with Planning and Building and if it is under the size required for planning permission then the sellers Engineer will have to provide Engineer cert to say it does not require planning permission. If you are having your Engineer check out the size great but I would request the certs etc from the seller Engineer as you shouldnt be paying for this. Speak to your Solicitor about this. This is part of the Title documentation so therefore they will have to deal with ensuring same is in order.
 
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