Retrospective lawful development certificate

January 20, 2025 by Bruce anderson in forum Planning Forum

#2481 Bruce anderson, 20 January 2025, 18:35

I had a lovely orangery installed by a reputable local builder late 2021

They got the building regs completion cert

I'm selling my house ,and found out they didn't get prior approval

They said most builders don't get this as isn't a legal requirement and the building regs cert is normally a good indicator

My buyer requires a Lawful Development cet,so I need to apply for it to get the sale(takes the council 8 weeks to reply)

I measured the extension

I have a terraced house

Rear single storey extension,doesn't extend to either side

The external depth is 3.6m

But have just read,tha 3m is the permitted size

So 0.6m over

Are the council likely to take enforcement action

I'm really worried

Does anybody have experience of these size of indiscretion,and are councils lenient?

I've asked my builder to help me with the forms etc

Thanks Bruce

#2482 Damian, 20 January 2025, 19:59

Your only option from a Planning perspective is a Householder application, which can take up to 8 weeks to be determined. Unless there are Planning contraventions, the Council are not likely to refuse a single storey extension which is 600mm more than what would normally be considered Permitted Development.

#2483 Damian, 20 January 2025, 20:01

Your other option is to take out an Indemnity Policy. But that is on the basis the buyers’ solicitor would accept it.

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