ChatterBank1 min ago
buying without planning permisssion
5 Answers
We are in the later stages of purchasing a house and have just discovered that the kitchen extension does not have planning permission. we have been advised by our solicitor that the seller wants us to pay for the indemnity insurance to cover this. i have 2 questions that i need help in answering.
1, what is indemnity insurance, and what does it cover? does it cover rebuilding costs in the council insist it is removed?
2, we would prefer to gain proper building consent but are unsure how to do this, how long it may take and the costs involved, i also understand that the extension has been in place over 5 years and may not need permission anyway??
any advice would be greatly appreciated.
Matt
1, what is indemnity insurance, and what does it cover? does it cover rebuilding costs in the council insist it is removed?
2, we would prefer to gain proper building consent but are unsure how to do this, how long it may take and the costs involved, i also understand that the extension has been in place over 5 years and may not need permission anyway??
any advice would be greatly appreciated.
Matt
Answers
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If there is a problem like this, it is normal for the SELLER to provide indemnity insurance. The cost is normally between �150 - �200 and is a one off payment, valid for the lifespan of the property.
I'm not sure about planning permission but you could always ring the planning department of your local council and ask them about it, without giving them your name and address. Planning regulations are forever changing and the rules 5 years ago may be different to the rules now.
Good luck.
I'm not sure about planning permission but you could always ring the planning department of your local council and ask them about it, without giving them your name and address. Planning regulations are forever changing and the rules 5 years ago may be different to the rules now.
Good luck.
The above is correct regarding indemnity insurance.
But if this is England / Wales, the council cannot force removal of a new structure that has been constructed without PP if more than FOUR years have passed. The way this can be regularised (but it is not essential) is through a Certificate of Lawful Usage or CLU. Google for this and you will find more details. It effectively involves submitting drawing plans to the Council of the same std as would have been required for PP, with a fee very similar to PP. The Council cannot refuse to grant the CLU.
What's probably more of an issue to you is that without PP, the structure has almost certainly been erected without Building Regs approval. This is different - it assures the quality of the structure (foundations get checked, that sort of thing). If this is so, your seller WILL need to provide you with an indemnity policy in case of structural or other buildings problems in future.
But if this is England / Wales, the council cannot force removal of a new structure that has been constructed without PP if more than FOUR years have passed. The way this can be regularised (but it is not essential) is through a Certificate of Lawful Usage or CLU. Google for this and you will find more details. It effectively involves submitting drawing plans to the Council of the same std as would have been required for PP, with a fee very similar to PP. The Council cannot refuse to grant the CLU.
What's probably more of an issue to you is that without PP, the structure has almost certainly been erected without Building Regs approval. This is different - it assures the quality of the structure (foundations get checked, that sort of thing). If this is so, your seller WILL need to provide you with an indemnity policy in case of structural or other buildings problems in future.
Well I have now found myself at the sellers end of this question. I am just in the final stages of selling my terraced house that had a kitchen extension and a dormer window installed about 20-30 years ago, well before this property was in our family. Scarborough borough council have no record of the planning permission due to a fire in 1992 where all records were destroyed! My solicitor has asked my permission to go ahead and purchase this on time insurance at a cost of �52.50, well worth it if you ask me.
I am 99.9% sure that all planning permission would be there in the first place as I can remember many houses in this area getting these major improvements under a council grant scheme, the cost of the insurance is worth it to me especially if the buyer is satisfied and feels secure.
I am 99.9% sure that all planning permission would be there in the first place as I can remember many houses in this area getting these major improvements under a council grant scheme, the cost of the insurance is worth it to me especially if the buyer is satisfied and feels secure.
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