Works without planning permission

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    Works without planning permission

    Looking at a link detached house (house-garage-garage-house) and the seller (whom I know) has been upfront with me and advised that the garage roof space which is converted in to a small walk in storage / walk in wardrobe (internally measures approx 7ft x 3ft) accessed through doorway made to external wall from the main bedroom. Hes been totally honest and advised that work was completed prior to 1994 and no planning consent was applied for nor anyone advised.

    Work was completed professionally and all joists and single garage roof supports have had additional strengthening fitted etc and it is insulated.

    What implications would this work have?
    Would it have to be converted back?
    What would you have to apply for, for it to stay as is?,
    Is this something that would be too much hassle / better to just dismiss any possible purchase?


    #2
    Do you need planning permission to put a cupboard in your garage roof?

    Comment


      #3
      More of a buildings regulation issue than planning but it is so long ago that there can be no enforcement

      Comment


        #4
        Any development carried out without planning permission becomes lawful after the time has passed when a Local Planning Authority could have taken enforcement action against the breach of planning control. That is 10 years for a change of use and 4 years for an operational development.

        Any development that was undertaken in 1994 would now be lawful, although what has been described does not seem to meet the definition of development set out in Section 55 (2) Town and Country Planning Act 1990, so would not have required planning permission anyway.

        You have no cause to not go ahead with your purchase if that is the only reason you have not yet made an offer to buy the house you have viewed.
        55 Meaning of “development” and “new development”.

        (1)Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

        [(1A)For the purposes of this Act “ building operations ” includes—

        (a)demolition of buildings;

        (b)rebuilding;

        (c)structural alterations of or additions to buildings; and

        (d)other operations normally undertaken by a person carrying on business as a builder.]

        (2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

        (a)the carrying out for the maintenance, improvement or other alteration of any building of works which—

        (i)affect only the interior of the building, or

        (ii)do not materially affect the external appearance of the building,


        and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;

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          #5
          Excellent thank you for your time and info.

          Comment

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