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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I built an extension 22 years ago without planning, Ive had

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I built an extension 22 years ago without planning, I've had no issues or correspondence in relation to it from the council over that timeframe. i have now accepted an offer on the house and my solicitor is currently drawing up the contract. Will this lack of planning permission cause me problems and delay the sale. Its a freehold property, there is no land ownership issues.

Hi,


Thanks for your question.

 

If the extension was completed 22 years ago then it is outside the time limits within which the local authority could take enforcement action in respect of a breach of planning law.

 

If you did not obtain a buildings regulations completion certificate from the local authority certifying compliance then the purchaser's solicitor will ask for an indemnity policy in respect for the a lack fo building regulation, they will ask that you pay for this and you will probably have to fork out £100.00 approx to obtain one.

 

Other than that it should not hold up the transaction provided you are not dealing with an overly prudent buyer who gets nervous about the lack of planning regs. You would be unlucky if you did really.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 


Tom

Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 7 years ago.
is it up to me to tell the other party about the extension? or will it be an issue that will be raised by the searches carried out during the normal buying process. or is it likely that it may not be raised at all.

You will have to disclose it to the seller when you complete the protocol form called Property Information Form, it asks about works and the buyer will be able to sue you if you do answer the question honestly.

 

It's a very commonly encountered issue in conveyancing and you really should not worry about it too much.

 

Thank you for your kind accept.

Kind regards,



Tom

Customer: replied 7 years ago.
Tom,

I just realised hence the rush of questions, that i didn't tick that box on the questionnaire. Am i in trouble, it was so long ago not fresh on the mind.

regards,

colm

You will be in trouble if you don't disclose it. Speak to your conveyancer, confirm the misunderstanding and disclose the works to the purchaser.

 

It will be taken as a honest mistake, as long as you disclose you are not in trouble.

 

If there are any other omissions then I would also disclose them, you do not want the buyer coming back at a later date.

 

Kind regards,

 

Tom