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Old 30 July 2004, 11:23 AM
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matt.bowey
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Question Retrospective planning permission.....?

The house that I am trying to buy has a rear single storey extension which is a 12ft x 12ft kitchen. There is no planning permission for the extension.

I have been advsied by my solicitor to ask the vendors to obtain retrospecctive planning permission from the council to cover the kitchen extension. I gather this involves the council sending out an inspector and doing the necessary paperwork.

Is this std procedure?? Anybody know what is involved and if the vendors are likely to get the @r$e with me.......?

I intend to obtain further planning permission for a side extension if I am sucessful in buying, and cant afford for the council to notice at that stage that the kitchen lacks permission!!!

The indemnity policy is no good to me, as if the kitchen has to come down, then I aint buying.......!

Cheers,

Matt.
Old 30 July 2004, 11:29 AM
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Dave T-S
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This will take time - you have to make the application (loads of forms) then it may have to go before the formal planning committee, who often only sit once a month. Could be three months start to finish, easy, or even more.

Also be warned planning officers really do NOT like retrospective planning applications
Old 30 July 2004, 11:29 AM
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boxst
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Hello

They probably will get upset with you -- but that's tough. And it isn't that hard to get retrospective planning permission, although it does take a couple of months if you miss the "sitting" of the council where they decide such things.

Steve.
Old 30 July 2004, 11:36 AM
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Steve PPP
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Matt,
The extension will not need planning permission if it satisfies the criteria for Permitted Development Rights, under the General Development Order.
I can't remember the exact criteria, but IIRC you can extend by 15% without planning permission.
There are conditions though, such as distance to highway; height of extension, etc.
You could probably get it from DOE website, but local planning offices are usually very helpful. Make an appointment to see an officer to get their opinion.
They can issue a certificate of lawful development to keep your solicitor/lender happy.

Be aware that if you have used up your PD rights, you will need permission for all other work.

It will probably still need Building Regs approval though.

Steve W
Old 30 July 2004, 11:36 AM
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Apparition
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Is it actually planning permission or building certificates that are needed?
I ask this because we had some internal work done a few years ago and got a letter out of the blue from the local council to say that certificates had not been issued after the work was completed. ( The builders should have sorted this at the time but didn't)
Since we were intending to put the house on the market soon afterwards, we had a bod round from the building dept who inspected two holes we had made at particular points to reveal that the correct RSJ's had been used. He went away happy and issued us with retrospective certificates which have been accepted by our purchasers, no probs.
Old 30 July 2004, 11:49 AM
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Get your solicitor to put an indemnity in place (which is like an insurance policy). That way, it won't hold up your exchange/completion and if there is a problem in the future, you're covered.

Had this same situation with my new house last month (although it was over a loft conversion).
Old 30 July 2004, 02:55 PM
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matt.bowey
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The indemnity policy covers all expenses that i would incurr taking down the extension and the associated value reduction of the property. OK we would be coveded, but I wouldnt want to buy the house and go through all that hassle.........

I better sleep on this one.........
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