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legal eagle 73
legal eagle 73, Solicitor
Category: UK Law
Satisfied Customers: 466
Experience:  10 year qualifified solicitor
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we had planning permission to build an extension in 2001, however

Resolved Question:

we had planning permission to build an extension in 2001, however building regs were never put into planning by our archietect and the council can find no record of building regs even though the building inspector came out at each relevant stage there's no record. We have sold our house but obviously the building regs certificate is holding the sale of completion. The archietect has said he will submit a retrosective planning application and the planning department has said they will work with us to resolve this, but will the retrospective planning be enough?
Submitted: 4 years ago.
Category: UK Law
Expert:  legal eagle 73 replied 4 years ago.

hi there

 

did your solicitor investigate whether indemnity insurance was available for the lack of building regulations?

 

this would have been an easier option if it was available.

 

your solicitor should check your deeds to see if there is any covenant in them requiring consent for an extension

 

thx

Customer: replied 4 years ago.
no we were told to take insurance as last option but not from solicitor.
There's no covenant in deeds requiring consent for extension, but thanks we will now look at taking the insurance if possible.
thx
Expert:  legal eagle 73 replied 4 years ago.

hi there

 

indemnity insurance is usually only an option if the local authority have not been contacted. Also it seems to be that the local authority can no longer take enforcement action against you due to the period that has expired since the extension was built. Nevertheless most mortgage companies will insist that all planning permissions and building regulations are in place when a house is bought

 

indemnity insurance would be a quicker option if it is available.

 

please click on the green accept button so that i can be credited for the advice i have given you

 

thx and good luck

legal eagle 73, Solicitor
Category: UK Law
Satisfied Customers: 466
Experience: 10 year qualifified solicitor
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