Home Money Most estate agents have been asked to sell houses with “illegal” extensions: What works need planning permission?

Most estate agents have been asked to sell houses with “illegal” extensions: What works need planning permission?

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Tricky position: Last year, more than 94% of estate agents were asked to sell properties with renovations or extensions that did not have the appropriate planning permission.
  • This is Money outlines how property buyers can protect themselves

The data suggests that more than 94 per cent of estate agents have been asked to sell properties with illegal renovations or extensions.

Loft conversions, removing load-bearing walls and installing new windows overlooking neighbours’ homes all require planning permission, but are among the most common renovations carried out without it, according to Direct Line Home Insurance.

Real estate agents said they had been asked to sell an average of six homes in the past year without the proper permits.

This is a problem for buyers because, in the worst case, the local council may insist that the house be returned to the way it was before the work was done.

Tricky position: Last year, more than 94% of estate agents were asked to sell properties with renovations or extensions that did not have the appropriate planning permission.

Nearly a third of estate agents surveyed by Censuswide for Direct Line Home Insurance said buyers went ahead with the property anyway, but 31 per cent said buyers insisted sellers obtain retrospective permission or planning consent before proceeding.

In addition, 27 percent abandoned the purchase, causing the chain to collapse.

Around a third of estate agents said selling a home without planning permission will delay the process, with 28 per cent saying it took so long to sort out that the buyer’s mortgage offer expired, meaning between three and six months.

What renovations require planning permission?

Dan Simson, director of Direct Line Home Insurance, said: ‘There is a lot of conflicting advice about which building modifications require planning permission.

‘While it may be tempting to start a job without checking, it’s important to do your research to find out what’s required.

‘While permits can be granted retroactively, for some unlucky property owners, the work may need to be reversed, leaving them out of pocket.’

‘If you are thinking about starting work on your home, it is important to obtain the necessary approvals first.

‘A local authority planning department should be able to provide relevant guidance on what is permitted and bear in mind that you will need to inform your insurer well in advance.’

WHAT WORK DO OWNERS DO WITHOUT PERMIT?
Renewal % of estate agents who have seen it done without planning permission
Removal of load-bearing walls 28
New window overlooking neighboring property. 25
Loft conversion 24
Removing the fireplace mantel 24
Building a porch 23
Building a new structure 22
Back and side extensions 21
Garage conversion 21
Changes to a listed building or house in a conservation area 21
Change of use (e.g. house to flats) 21
Building a garden room 21
Extensions beyond permitted development 20
Basement developments 18
Source: Direct Line Home Insurance

Should I buy a house with an “illegal” extension?

If you find a house that has had renovations carried out that look suspicious, the first thing you should do is check whether planning permission was required.

Ideally, any works carried out on the property would fall within the scope of permitted development rights, meaning that planning permission would not be required. Check with your local council to see if this applies before you complete the purchase of the home.

If it turns out that permission was required and you still want to buy the house, make sure you have statutory indemnity insurance in place if you don’t plan to apply for any planning permission.

Allowed or not? If you are interested in buying a house where work has been carried out

Permitted or not? If you are interested in buying a house where “illegal” works have been carried out, it is a good idea to submit a retroactive application or insure yourself against the costs.

Indemnity insurance would cover the costs or loss of market value of the property if the local authority ever tried to challenge work carried out without planning permission.

As a prospective buyer, you may want to insist that the seller obtain retrospective planning permission or building regulations approval.

Alternatively, you could negotiate the price of the property down significantly, taking into account the costs and risks you might incur to resolve the situation.

Once acquired, you may need to apply for planning permission, with the risk of being refused.

You may end up being responsible for restoring the property to its previous state, which could be costly and time-consuming. Relevant building regulations must also be complied with.

The process of qualifying a property purchased without planning permission for completed works can be long and stressful, so only you, as a potential buyer, can decide whether the house is worth it.

Expert opinion: “You have to go in with your eyes open”

Speaking of This is Money, Jeremy’s SheetNorth London estate agent and former chairman of Rics Residential, said: ‘Nowadays, some extensions or additional works can be carried out without planning permission, but building regulations approval will invariably be required.

‘If the property has been extended, check the local authority website to see what consents or other approvals are required or consult a local surveyor or architect familiar with the regulations.

‘The dangers are that if planning has not been obtained, the local authority could take enforcement action which, at worst, could mean demolishing the structure and refurbishing what was there before, which could be costly and compromise existing accommodation, as well as reducing the value of the property.

‘It is of the utmost importance to check these issues before signing the contract and underlines the importance of seeking independent professional advice and keeping your eyes open before committing to any purchase.’

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How to find a new mortgage

Borrowers who need a mortgage because their current fixed-rate contract is ending or are purchasing a home should explore their options as soon as possible.

What if I need to refinance my mortgage?

Borrowers should compare rates, talk to a mortgage broker and be prepared to act.

Landlords can close a new deal six to nine months in advance, often with no obligation to accept it.

Most mortgage agreements allow fees to be added to the loan and only charged at the time of contracting. This means borrowers can lock in a rate without paying costly origination fees.

Please note that by doing this and not paying off the fee at the end, interest will be paid on the fee amount for the entire term of the loan, so this may not be the best option for everyone.

What if I’m buying a house?

Those with home purchases lined up should also try to get rates as soon as possible, so they know exactly what their monthly payments will be.

Buyers should avoid over-stretching themselves and be aware that home prices can fall as higher mortgage rates limit people’s borrowing capacity and purchasing power.

How to compare mortgage costs

The best way to compare mortgage costs and find the right deal for you is to speak to a broker.

This is Money has a long-standing partnership with free broker L&C, to provide you with expert, free mortgage advice.

Are you interested in seeing today’s best mortgage rates? Use This is the best mortgage rate calculator from Money and L&C to display offers that match your home value, mortgage size, term, and fixed rate needs.

If you’re ready to find your next mortgage, why not use L&C’s Online Mortgage Finder? This will search through thousands of offers from over 90 different lenders to discover the best option for you.

> Find your best mortgage offer with This is Money and L&C

Please note that rates can change quickly, so if you need a mortgage or want to compare rates, speak to L&C as soon as possible so they can help you find the right mortgage for you.

The mortgage service is provided by London & Country Mortgages (L&C), which is authorised and regulated by the Financial Conduct Authority (registration number: 143002). The FCA does not regulate most buy-to-let mortgages. Your home or property may be repossessed if you fail to keep up your mortgage payments.

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