Conservatory planning permission

[Lesgraves]

I have a conservatory that was built by a previous owner in December 1997 which is approximately 3 meters x 3 meters mainly glass and we are selling our house, should the previous owners have had permission to build it?

[des8]

Re: Conservatory planning permission

Hi and welcome

Depends on a number of things as to whether or not itwas permitted development not needing Planning Permission
Until recently the limit on the size of a conservatory was 4m past the end of your home for a detached house and 3m for all other houses.

https://www.planningportal.co.uk/inf...conservatories

[Lesgraves]

Re: Conservatory planning permission

Hi and welcome

Depends on a number of things as to whether or not itwas permitted development not needing Planning Permission
Until recently the limit on the size of a conservatory was 4m past the end of your home for a detached house and 3m for all other houses.

https://www.planningportal.co.uk/inf...conservatories

Thanks thats great we are detached so thats ok.
What does permitted development mean?

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Thanks thats great we are detached so thats ok.
What does permitted development mean?

[michael]

Re: Conservatory planning permission

It's a bit academic, since even if it required PP in 1997, the council cannot take enforcement action after 4 years.

[des8]

Re: Conservatory planning permission

[QUOTE=Lesgraves;708772]Thanks thats great we are detached so thats ok.
What does permitted development mean?

See here for permitted development https://www.planningportal.co.uk/inf...g_permission/2

[Lesgraves]

Re: Conservatory planning permission

Thank you this has been a great help.

[seduraed]

Re: Conservatory planning permission

However you can have it inspected and apply for a certificate of regularisation.

[des8]

Re: Conservatory planning permission

Certificates of Regularisation apply to building regulations rather than planning permission.
Conservatories are normally exempt from building regs

[Lesgraves]

Re: Conservatory planning permission

Certificates of Regularisation apply to building regulations rather than planning permission.
Conservatories are normally exempt from building regs

My solicitor is saying I may need an indemnity to cover the new owners does that sound right as its only 8 months before its 20 years old.

[michael]

Re: Conservatory planning permission

Completely pointless. The indemnity ismerely an insurance to cover you against the council taking enforcement action, which after 20 years, they won't.

[Lesgraves]

Re: Conservatory planning permission

Completely pointless. The indemnity ismerely an insurance to cover you against the council taking enforcement action, which after 20 years, they won't.

20 years is in December would that matter or is it just the year?

[des8]

Re: Conservatory planning permission

Completely pointless. The indemnity ismerely an insurance to cover you against the council taking enforcement action, which after 20 years, they won't.

Totally agree

Indemnity policies can't be taken out until after the 12 months is up. They cover you if the council takes enforcement proceedings, which they can't unless the structure is dangerous.
HOWEVER if the buyer makes enquiries off the council, the council could come to inspect the structure , but to grant a certificate they would have to dismantle everything to check from the foundations upwards that everything was done in accordance with regs.
Your buyer, because of pressure from building society, might not get the mortgage if there is no certificate or no indemnity policy
If an approach is made to the council no indemnity policy will be issued.

Hence, whilst agreeing indemnity policies are a waste, in view of their comparative cheapness, to avoid all the hassle it could be worthwhile going along with your solicitor's advice and get the policy before the council are involved.

[Lesgraves]

Re: Conservatory planning permission

Thanks for all your help.

The company that put the conservatory up are still in business and are just around the corner from here so I cant believe they would not have taken done the right thing,
Like you say it will be better just to take out the indemnity to save any hassle.
I will talk to my solicitor who we used when we moved in because none of this was mentioned then and that was 15 years ago.