Apply for permission

 

Many homeowners remain resistant to regulation and cowboy builders are happy to oblige.

According to one home insurance provider, 94% of UK estate agents were asked to sell properties without the necessary planning permission last year. 

A recent survey involving over 5,000 homeowners, revealed that over 5% admitted to deliberately bypassing the correct planning permission for renovations. Amongst these, almost three-quarters were confident they wouldn’t be caught, and many knew they could obtain a lawful development certificate after a certain period. 

With planning application fees set to rise, the number of unlawful extensions is expected to rise.

One agent estimates that about one in 15 properties that he attempts to purchase for clients have had unlawful works completed. Recently, he encountered a case where a seller of a listed house had not obtained planning permission for roof windows in the attic. Although the seller eventually secured retrospective planning permission, it delayed the sale by three months.

Sellers are often successful in obtaining permission after the fact. However, in one instance, sellers in a conservation area admitted they hadn’t obtained permission for a tennis court in their garden, leading the council to order its removal, causing the buyers to withdraw.

Disclosure of unlawful works generally falls to the seller and the buyer’s solicitor, with the surveyor also playing a role. However, it’s a grey area, and breaches can sometimes go unnoticed.

Remarkably, if you purchase a house with an unlawful extension, even one added by a previous owner, you become responsible for rectifying it. If you later apply for planning permission for another project and the planner notices the breach, it could void any indemnity policy, leaving you to correct the issue.

If you’re concerned about your property, you may be able to relax a bit. Any planning breach that occurred before April 2024 can become lawful if it remains undetected by the council for four years.