Buying house - Porch & Lawful Development Certificate


Postby gikseiman » Fri Apr 10, 2009 8:57 pm

Hi all,

In a bit of a dilemma and was wondering if anyone can help or been in a similar situation.

We are looking to buy a house and am very close to exchanging contracts. However, the conveyancers spotted that the porch did not have planning permissions but did have building regulations.

The porch however looks like it exceeds the limits of a permitted development. i.e. looks like it is higher than the 3 meter with a area larger than 3 sq meters....

So, dilemma is, what do we do. We had a look at the planning websites, spoke to the local council and got varying answers in what to do.

Conveyancers have briefly spoke about a indemity insurance so that we are covered if anything was to happen after we own the property. No idea how long this runs for or what we should do after.

Some say we should not exchange till the vendors get an LDC for the work as we don't want to get stuck with a property that has parts of it not "approved". However, this could apparently take up to 8 weeks.

Some say, "don't wake a sleeping dog". If no one is complaining, don't mention it to the council or try get planning, but this potentially could be a problem when we decide to sell the property.

Anyone been in a similar situation or can give us any advice on this please?

p.s porch is only around 2 years old so hasn't hit the 4 year?! limit?

Thanks!!
gikseiman
Posts: 6
Joined: Fri Feb 13, 2009 9:20 pm

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Postby rosebery » Sat Apr 11, 2009 9:12 pm

"i.e. looks like it is higher than the 3 meter with a area larger than 3 sq meters...."

One of these http://www.screwfix.com/sfd/i/cat/34/p1906934_l.jpg

and one of these http://www.screwfix.com/sfd/i/cat/19/p4054019_l.jpg

would be a good start to find out if you're suspicions are warranted.

"We had a look at the planning websites, spoke to the local council and got varying answers in what to do."

Why don't you speak to the VENDOR to find out whether they looked into this before building and whether they have paperwork to back up their story? Otherwise all you are doing is chasing your tail.

Cheers
rosebery
Posts: 2022
Joined: Wed Sep 26, 2007 8:55 pm


Postby gikseiman » Thu Apr 16, 2009 8:24 pm

Finally got round to getting the measurements. Area of the porch is over the 3 sq meters, a little over double.

Height is over by around a foot, hence the porch fails on the allowed criteria without the need for planning permission by 2 accounts...

Any advice please?

Thanks
gikseiman
Posts: 6
Joined: Fri Feb 13, 2009 9:20 pm


Postby gikseiman » Thu Apr 16, 2009 8:25 pm

p.s confirmed, no planning permission and porch built 2 years ago
gikseiman
Posts: 6
Joined: Fri Feb 13, 2009 9:20 pm


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