Loft conversion and previous extension…

[Clueless2023]

Hi all,

 

I am completely in the wilderness here, so any constructive advice would be much appreciated.

 

i have a semi detached bungalow that I purchased in 2019. The previous owners had built a single storey side extension (based on size and construction I would assume under permitted development) in 2016. However, it appears they did not even notify the council of it, no sign off, certificate of lawfulness etc. and no records on anything on the councils historic  planning/control site etc.  

 

We found this out halfway through purchasing house, although it was downplayed by the sellers and solicitors on both sides. Ours just stipulated an indemnity insurance etc. also we had limited options to live at time and really wanted the house, so it didnt bother us that much.

 

Fast forward to now, we want to do a hip-gable conversion with a rear dormer, as far as I am aware this would all fall under PD and we have no constraints in our area and it would be under 50m3. My question is, if/when council find out about the existing single storey side extension during the process, what kind of possible implications can that have, in general, and in regards to the proposed loft development? And would it be beneficial to apply for regularisation of the existing extension beforehand if so?

 

Any advice is much appreciated, thank you.

[patp]

Following as we sold our old house with an indemnity insurance on some structural internal work that we did not know needed to be seen by the local building control. As you say, both solicitors seemed happy with that solution. 

[joe90]

1 hour ago, patp said:

Following as we sold our old house with an indemnity insurance on some structural internal work that we did not know needed to be seen by the local building control. As you say, both solicitors seemed happy with that solution. 

However, trying to secure  finance on my build the lender will not accept indemnity insurance or a retrospective warranty, beware!!! 

[patp]

Ah, this was on an old property now sold. If we had known the builder had not contacted Building Control then we would have done it ourselves. The house was sold subject to contract when we found out.

[joe90]

57 minutes ago, patp said:

If we had known the builder had not contacted Building Control

Mine was signed off by building control but lenders take no notice of that, it’s only six years since I finished but never intended to sell so didn’t bother with a warranty 😱

[kandgmitchell]

Warranty is not really an issue here as Clueless2023 doesn't seem to be dealing with selling a newly built house. There'd be no warranty on this. Right, the extension may be PD in which case there is no obligation to get a certificate of lawfulness so the owner may have just built it. If it wasn't PD then more than 4 years have passed so no planning enforcement.

 

It may or may not have building regulation approval. Built in 2016 it's too long ago for there to be any action by local authority building control. Just let it be and get on with the hip to gable job. If you want to avoid a query later then get a certificate of lawfulness for your roof extension (and building regulation consent) but I wouldn't bother with the 7 year old extension now.

[Gus Potter]

On 09/04/2023 at 00:41, Clueless2023 said:

Hi all,

 

I am completely in the wilderness here, so any constructive advice would be much appreciated.

 

i have a semi detached bungalow that I purchased in 2019. The previous owners had built a single storey side extension (based on size and construction I would assume under permitted development) in 2016. However, it appears they did not even notify the council of it, no sign off, certificate of lawfulness etc. and no records on anything on the councils historic  planning/control site etc.  

 

We found this out halfway through purchasing house, although it was downplayed by the sellers and solicitors on both sides. Ours just stipulated an indemnity insurance etc. also we had limited options to live at time and really wanted the house, so it didnt bother us that much.

 

Fast forward to now, we want to do a hip-gable conversion with a rear dormer, as far as I am aware this would all fall under PD and we have no constraints in our area and it would be under 50m3. My question is, if/when council find out about the existing single storey side extension during the process, what kind of possible implications can that have, in general, and in regards to the proposed loft development? And would it be beneficial to apply for regularisation of the existing extension beforehand if so?

 

Any advice is much appreciated, thank you.

Hope this helps.

 

First thing to do is to take a step back and do NOT identify yourself here by posting plans etc that could reveal your location. The reason is that it could impact on the validity of any indemnity insurance. Do NOT contact BC or Planning as this can make the indemnity policy invalid... check the wording.

 

Next is to take several steps back an understand what you have on your plate, maybe you already have done this.

 

I would look at the PD regs in force in 2019. Then see if what you have complies, get that nutted out. Then see if what you propose falls within the PD. You'll need to do a bit of work, spend a few nights reading, measuring your garden for curtilage etc, the heights of the extension, over shaddowing, daylight etc. This is the best way as you get to understand the issues and can make informed decisions.

 

If it does then I would be inclined to submit an application showing the house without the side storey rear extension, a plan showing the side storey rear extension and a plan with your proposals. This would be accompanied by a written explanation of when the side storey extension was assumed constructed. Honesty is the best policy if you can back it up with a sensible argument.

 

If your research indicates all is well then you can regularize it all.

 

If this does not work then you'll get lot's more help here on BH.

 

 

 

 

[DevilDamo]

If the Council pick up on the extension, deal with it then. No point making them aware of it now. They “should” know that after 4 years, it’s lawful anyway. Whether they want to go to the trouble of asking you prove that, then I’m sure that wouldn’t be too difficult… especially as you’ve been there for about 4 years already.

 

Just focus on the loft works and decide whether or not you want to submit a Certificate of Lawfulness application. 

Edited May 4, 2023 by DevilDamo