Planning Permission Tips UK - Illegal Building Works - Is there an Upside?

Many times throughout the year we are called in to assist people who have got into trouble by completing building works without Council permission. This can be either Planning or Building Regulations - often both. Guess when this 'illegal' building works is usually exposed - Right at the time when the home owner is under the most pressure & exposure to other abortive fees - you guessed it - WHEN THEY ARE ABOUT TO MOVE HOME!

I am amazed at the blinkered approach most homeowners have to completing building works without the required council consent. They just bury their heads in the sand & think that it will not be exposed - HOW WRONG MOST HOMEOWNERS ARE.

They seem to forget that most purchasers surveyors just love it when they are able to expose any illegal building works that may assist the purchaser in pulling out of the sale (strange I here you say) - you see they get paid for their survey report irrespective of the homes condition & by exposing illegal building works they obtain a 'get out of jail free card' - in other words, the purchaser is likely to pull out of the sale & not rely on the contents of the survey and thereby the surveyor reduces their exposure to negligent claims from the purchaser when some other form of defect may be discovered later on.

Not only this, but illegal building works also exposes the homeowner to clever purchasers who then use this aspect to literally blackmail the homeowner into accepting a vastly reduced offer price. If you have already invested in reciprocal professional fees, moving costs and other commitments you suddenly become what the trade calls a 'motivated purchaser' and likely to accept a far lower offer due to your personal commitments and desires.

You are then faced with a panic - to resolve the situation by applying for retrospective consents which will have a financial cost and loss of time implication thereby at high risk of losing your current purchaser.

HOWEVER, all that said - we do need to place a little perspective on the situation for some balance. Firstly it is perhaps a bit unfair to call the works 'illegal'. A better term would be 'un-approved' - remember this is not criminal legislation we are dealing with.

Also, there is a time element that affects the seriousness of the breach of control. Generally speaking, if the works have been completed for 4 years or longer then the Planning Department cannot normally insist on a retrospective permission or require the works to be removed. Building Control on the other hand have a shorter period for compliance which is normally two years. After this time (and provided the works are not an obvious risk to health and safety) they can only normally make a note within your property file. They are normally unable to insist that the works are retrospectively approved after this time.

As a guide, if you fall into this category, the longer the un-approved works have been in place, the easier it is for surveyors and purchasers to accept the works 'as is' without too much detriment to the properties value. The reason for this is clear - someone has to take a view that the works are not going to be removed or fall apart after a period of time.

Most people are surprised to find that both the Planning Department & the Building Control Department have formal applications to regularise the un-approved building works. The risk for the homeowner is how much more works are required to the property to make it comply. Often building works have to be demolished & reinstalled to the approved standard.

Therefore, any homeowner fully aware that they have completed un-approved building works and soon to move home should now put into action a 'regularisation plan' to avoid the 'eleventh hour' panic described above. Seeking early professional advice & guidance from a professional Building Designer or surveyor should be your first port of call rather than approaching the council direct.

Our 'Maximum Build Planning Guide' explains further the issues involved when installing un-approved building works.

Our 'Maximum Build Planning Guide' explains further the issues involved when extending or developing a property for planning permission.

http://www.planning-approval.co.uk

---

Flooring: Installing Ceramic Tile

Ceramic Tile brings a texture, richness and color to a... Read More

Colour Your World With Art

When you buy art, you may think you not consciously... Read More

The Benefits of Radiant Heat, Comparison

What are the Benefits of Radiant Heating and how do... Read More

Quick and Dirty Guide to Wood Flooring

If you've always longed for hardwood floors, you're in good... Read More

What Are Light Fixtures Used For?

Light fixtures are something not many of us think about.... Read More

Lighter Fluid: The Best Label and Scuff Mark Remover

The first time my husband saw me scrubbing the black... Read More

A Guide to Home Dehumidifiers

It can be difficult to choose from among the countless... Read More

Unadulterated Truth About Black Mold: What You Don?t Know Is Destroying Your Home And Your Health

With today's new building procedures, our homes are more dangerous... Read More

The Four Major Types of Air Filters

Hygienic air is essential to human life, and in this... Read More

Cleaning House and the 80-20 Rule

Cleaning house is one of those things that needs doing... Read More

The Wireless Home

It was only a few years ago that Real Estate... Read More

Cork Flooring Is The Best Option Around For Durability And Aesthetic Value

It is inevitable, almost everyone no matter how long they... Read More

Is YOUR Home A Safe Home?

Do you or one of your family members suffer from... Read More

Interior Design For New Homes

When decorating or making decorating decisions for new homes, it... Read More

3 Great Reasons to Shop for Home Lighting Online

If you are a consumer who knows just what brand... Read More

Planning Your DIY Project

Ready to start your first serious DIY project? Read through... Read More

Refinishing A Hardwood Floor

Want to bring your hardwood floors back to their former... Read More

Vacation Break for Electrical Machines

Are you overloaded? Have you become a part of the... Read More

Removing Your Old Wood Double Hung Windows

Last week I told you how to measure your wood... Read More

Your Shower Door Can Have A Huge Impact On The Look And Feel Of Your Bathroom!

These days shower doors come in a wide variety of... Read More

Feng Shui Your Home, Work and Life For Balance and Harmony

Feng Shui describes the communication that takes place every day... Read More

Making Space for Sacred Space

When you read a great inspirational book, prayer, or article,... Read More

Why Cant We Kill Too?

Why does big business have all the fun? We fix... Read More

A Beginner?s Guide to Buying House Plans

Learn How to Select a House Plan That Will Result... Read More

Planning Permission Tips UK - Conservatories - Dispelling a Myth

It's now well into the new year and the residential... Read More

Ten Things You May Not Know About Selecting Hardwood Flooring

1) Red Oak is not the only choiceIf you want... Read More

The Simplicity of Gel Fireplaces

Nothing makes your home more welcoming than the warmth and... Read More

How To Replace The Rollers On Your Patio Door

Have you noticed your patio door is getting harder and... Read More

Allow Me to Introduce You to the Fungus Family

What exactly is mold? There are over 100,000 different kinds... Read More

Different Materials Used for Roofing and Determining the Cost of Each One

There is never a structure you will find that lacks... Read More

The Importance of Bedroom Design in a Home Decoration Project.

A home is a place where we live, spend most... Read More

How to Install a New Toilet in 5 Easy Steps

If your toilet is old and in need of repairs,... Read More

Discovering Fiberglass Roofing Panels for Your Roofing Needs

Roofs are an integral part of the house. The design... Read More