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Property Lawyer
Property Lawyer, Barrister
Category: UK Law
Satisfied Customers: 285
Experience:  Solicitor
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I have been granted Full Planning Permission to Build a

Customer Question

I have been granted Full Planning Permission to Build a separate 2 up to down house next to the main house and extend the main house.
Portsmouth Council Full Planning approval. I need to split title, checked as Ex Council house and there is confusing wording, states:
Not without the prior consent in writing of the council to make alterations or additions to the exterior of the property.
Well Full Council Planning sorts this.
Then confusing wording - not to construct or allow to be constructed a separate dwelling unit within the curtilage of the property. To me that means a flat.
There is the Council Planning Permission department and that's it, no separate department like years ago.
Am I right in thinking I should be ok? I paid £1,800.00 to an Architect that got this approved. There is a high demand for quality housing in Portsmouth.
Or do I need to get indemnity insurance once built?
Basically as Portsmouth Council have approved, who in the Council would wave their hands about as approved?
Submitted: 1 year ago.
Category: UK Law
Expert:  Property Lawyer replied 1 year ago.


In addition to planning you made need council sent. Planning are not really concerned with matters on the title, that's for a property owner to resolve. I would say separate consent is required.

Next point regarding construction of a dwelling within the curtilage of the property is not restricted to a flat. It will include the construction of a separate property on the land.

Two choices, get consent or get indemnity. If you go down the consent route and are held to ransom or get a refusal then you cannot get indemnity insurance.

Indemnity insurance would be the preferred route.

I hope his helps. Any questions or queries? Happy to help further.

Please can I ask you to accept / positive rate so that I receive credit for helping you. Thanks.

Customer: replied 1 year ago.
Would indemnity insurance be available immediately or after 12 months?As the planning department are permitting planning on an ex council house, apart from the building regulations department what other department would get involved?The last update was in 1988 on sale of the council house under right to buy.Thanks
Expert:  Property Lawyer replied 1 year ago.


You can get a policy prior to development. This would be preferable, just in case and objection is raised during development.

Regarding your development you only need to be in contact with planning and building control.