Q: Hi
I went to see my lawyer today and signed all necessary documents, but he advised me he will not change until the sellers solicitor has shown no physical evidence that the expansion is legal. The extension was made in 1991, but the Board does not recommend that a record.
Solicitor insurance should be taken for the expansion at the expense of the seller, in case a problem arises.
Any opinion, I must go and think your advice will do do?
thanks
I went to see my solicitor today and signed all necessary document but he advised me that he will not exchange until the vendor solicitor has show any physical proof that the extension is legal.
He doesn't decide on exchange – you do! Ask him what the definition of "a legal extension" is (actually, he means "lawful" not "legal".
The extension was done back in 1991 but the council has no record.
It may have been permitted development, which did not need an application to the Council (actually, the Local Planning Authority, which often is the Council) for Planning Permission.
Ask your solicitor "what's the worse thing that can happen without proof?"
And his answer should be "Absolutely nothing at all, I'm just wasting your money whilst demonstrating my complete ignorance of very basic Planning Law"
The real answer is "Absolutely nothing. As the development was completed more than 4 years ago, the Planning Authority is barred from taking any action against you. At the time the extension was done, it would have been subject to the Town and Country Planning Act 1990 and Section 172(4) states (http://www.opsi.gov.uk/ACTS/acts1990/Ukpga_19900008_en_10.htm#mdiv172)
"An enforcement notice which relates to a breach of planning control consisting in?
(a) the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land; ….. <snip>may be issued only within the period of four years from the date of the breach"
Solicitor advise that an insurance should be taken out for extension at the vendor expense, in case any problem arises.
Insurance pays out if the insured event occurs – what is the event that this insurance is covering?
Answer – the possibility of enforcement action being taken. As we've demonstrated, no enforcement action can be taken so the insured event will never occur; the insurance policy is therefore useless and a waste of time, money & effort.
Any advice, should i proceed and do you think council will do anything?
Advice – kick your solicitor into touch. Tell him that if he is not familiar with Planning Law, he shouldn't be charging you for any advice relating to it and he, himself, should seek advice from a colleague who talks out of the top of his body, and not the bottom!!!
Council (Planning Authority) won't be interested and can't do a thing.
BTW Kodokan got it the periods the wrong way round …
It is 4 years for "construction and/or use as a dwellinghouse"
…. And 10 years for "any other Development or Change of Use" (including unauthorised extensions)
But it makes no practical difference now, as the extension IS "Lawful" under current Planning legislation (& has been since circa 2001) as per my linked post.
Cheers
Bob
Thanks, you're quite right about me being wrong – you're obviously commenting based on real knowledge, whereas I was just badly recalling an episode of Grand Designs!
Any advice, should i proceed and do you think council will do anything?
See here :- http://www.consolidation-debt.tk/showthread.html?p=5339742#post5339742
BTW Kodokan got it the periods the wrong way round …
It is 4 years for "construction and/or use as a dwellinghouse"
…. And 10 years for "any other Development or Change of Use" (including unauthorised extensions)
But it makes no practical difference now, as the extension IS "Lawful" under current Planning legislation (& has been since circa 2001) as per my linked post.
Cheers
Bob
Ah yes, I recall now, 4 years for extensions and the like, and 12 years for building a new house that somehow nobody noticed and dobbed you in about! I think…
Interesting that Building Regs is only enforceable for a year afterwards – should cheer up all those people who want to add a bedroom in their loft but haven't got room for real stairs.
We bought a house some years ago that had had the integral garage converted into a room (with every impression that it had been done properly at some expense). The council had no record of this, but said they frankly wouldn't care after all that time anyway.
Perhaps give them a ring and see what response you get.
Look over some old posts and let us deal with more important, topical matters.