Me and my girlfriend are buying a house for the first time so we don’t really know much about building regulations/planning permissions. There was an extension that was done 10+ years ago, but the seller doesn’t have any building regulations for this and is saying they didn’t need planning permission. Is this going to be an issue when we come to reselling?

3 comments
  1. There are all sorts of rules for permitted development, but you also need to think about whether you’re in a conservation area. You need to check with your solicitor and maybe building control. Just because an extension looks okay, it doesn’t mean it is.

    It’s already concerning you; so it’s going to concern future buyers too. The problem won’t just go away, but it will be compounded with time as files get archived and records are shredded.

    In short: take advice, and if it looks shifty, tread carefully.

  2. I have no direct experience with the building control system but I found that the Homeowners’ Alliance have advice on what to do on their website in this eventuality. Google “selling no building regulations certificate HomeOwners Alliance.” I won’t try to summarise here as it’s quite long.

    As for the planning permission side, most unauthorised structures become immune from enforcement, and thereby have planning permission by default, after having been standing for a set number of years (currently 4 for most things but I think the Government is going to make it 10). So if you can prove it was built 10 or more years ago and the local council has never challenged it, you should be in the clear. However, purchasers have been known to demand proof, so if it doesn’t have planning permission you may wish to consider either applying for retrospective planning permission, or if planning permission wouldn’t have been necessary in the first place, a Certificate of Lawful Development, which gives you legally-binding confirmation that is lawful.

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