Planning permissions and your property sale
Many properties will have been altered or extended at some point, and some of these changes will have required planning permission. Without the right authorisation, you could struggle to sell. Move Places has created this guide to planning permission, permitted development and what it all means when you are moving home.
Planning permission vs permitted development
Planning permission is the consent given by a local authority for a proposed building, extension or alteration. Permission can be refused if the planners think the project is inappropriate for the land or the local area.
Many extensions or alterations are classed as ‘Permitted Development’. This means planning permission isn’t necessary, as long as the work meets strict criteria. The rules are very precise and relate to the volume, size or height of the building. Extensions and alterations that fall outside of the Permitted Development criteria require planning permission. It is important to check the rules against your plans to work out if planning permission is required.
Selling without planning permission
Problems arise when work is carried out without planning permission. It can be very tricky to sell a property that does not have the correct authorisation as planning paperwork will be requested by the buyer’s solicitor. Although it’s not clear at the moment, the requirement for agents to display increased upfront material information in property listings may mean planning permission details will be required very early in the marketing stage.
Why is planning permission so important to buyers? Local authorities have the right to take legal action against the property owner for not getting planning permission, even if you weren’t the owner at the time the work was carried out. They may even demand you knock down your extension or return the property to its original state if there is no planning permission in place, which can put buyers off.
Planning permissions are part of the critical pack of documents you’ll need to sell a property, so get these together ahead of your sale. This includes any planning applications, completion certificates and building regulation approvals. If work was carried out by a previous owner, this documentation should be with the paperwork given to you by your solicitor when you purchased the property.
It’s also worth making a list of all the alterations made to the property, including the dimensions and how it compares to the size of the original property. This can show prospective buyers that the alterations were classed as Permitted Developments.
Your options if you don’t have consent
If your extension or alteration falls foul of the planning rules, there are two options that will make selling your property more feasible. Taking out an indemnity insurance policy is a common way to manage the issue of not having planning permission. An indemnity policy provides cover for the new owner (and any subsequent owners) against the risk of the local authority taking enforcement or legal action against them.
Another option is to request retrospective planning permission but this only applies if the work was carried out within the last four years. As long as the local authority would have granted permission before the work was carried out, they should grant permission retrospectively too. Be aware, however, that you will need to pay a fee and there is a chance it is refused. You’ll also need to factor in that retrospective planning permission can take up to eight weeks.
Don’t despair
If you are trying to sell your home and are not sure whether any extensions or additions have the right authorisation, contact Move Places for advice. Even if planning permission wasn’t sought , we can provide a quick sales solution through our sister company, Open Property Group, who buys properties without the right planning permission for cash.