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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10453
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I'm currently buying a property which has had the garage

Resolved Question:

Hi
I'm currently buying a property which has had the garage extended but don't believe it had building permission or building regs. It was built back in early 90's and had no issues since then. Do I apply for retro planning permission or the certificate ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As the extension was carried out so long ago, you have nothing to worry about as regards ***** ***** taking any enforcement action under planning permission or Building Regulations- Councils can't take enforcement under Building Regs if the work was carried out over 12 months ago, and they can't take any enforcement action under planning permission if the work was done over 4 years ago.

Therefore, the only issue you have to bear in mind is that you are buying the property in its existing condition and your Solicitor will not be able to confirm to you that the extension was carried out in accordance with the then Building Regulations.

Your Solicitor may ask the Seller to pay for what is called a Building Regulations indemnity policy, but this only protects you from any enforcement action taken by the Council and which will satisfy your Mortgage Lender, if indeed you are having a Mortgage. The policy does not, however, protect you against any faulty workmanship carried out at the time. Indemnity policies are normally requested where an extension was carried out without Building Regulations, and where the work was carried out under 15/20 years. Therefore, depending when in the 90's the extension was carried out, your Solicitor may or may not make this request.

In summing up, provided you ar ehappy with the condition of the extension, you have nothing to worry about.

I hope this assists you and sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.
Brilliant a thanks I believe it was 1996 it was done. If I want to build into of the garage will I have to do something to tell them about the extension already done etc
Expert:  Aston Lawyer replied 2 years ago.

Hi again,

If you need to apply for planning permission, you will need to tell the Council of any previous extension carried out at the property. However, if you don't need planning permission, you won't need to tell the Council Building Control department, who deal with Building Regulations approvals, of any previous works.

Hope this helps.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,

If you are happy with my Answers, I would be grateful if you

could rate my answer.

Kind Regards

Al

Customer: replied 2 years ago.
I will do, many thanks for you hell
Expert:  Aston Lawyer replied 2 years ago.

Thanks.

All the best.

Al

Aston Lawyer and 2 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hiya,

I would be grateful if you could rate my answer, thanks.

Kind Regards

Al

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