16:43 PM, 27th July 2020, About 2 years ago 12
Hi All – I am in the middle of buying a house and the solicitors’ checks came back with a note that there are no documents (planning permission or building certificates) for the following:
1) conversion of the old side garage into a bathroom and utility room (the side extension)
2) Rear conservatory
Both were done back in 2004.
The seller’s solicitors have said that they can provide an indemnity policy, but I am not too convinced on this policy having done some research about what it actually covers (I.e not that much!).
I would prefer if the sellers got regularisation/retrospective approval from the council, but they are reluctant due to it potentially taking long and also the risk that the council says they need to be knocked down.
To add to this, my plan in terms of development for the property was to build a second storey on the side (subject to planning permissions). However, if I apply for this at some stage in the future, i’m not sure If the council would then look at the lack of documents for the current ground floor side extension and subsequently reject my application.
So I guess my questions are:
1) Would you push for regularisation instead of indemnity?
2) in either the case of regularisation or indemnity, am I right in thinking that my application for a second storey would make them look at the lack of docs in place, and therefore more likely for rejection? If so, I assume this risk of rejection would be lowered if we obtained regularisation instead of an indemnity?
Appreciate any help, views and advice!
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