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

---

Hammocks Create a Stress Free Zone

Stress is all around us, from the office to the... Read More

Clear Wax Candles vs. Gel Candles

In the last five years a new type of clear... Read More

Top Ten Air Purifier Questions

1. Do I really need an air purifier in my... Read More

Employ Passive Solar Energy and Start Saving Electricity Today

1. Orientation, layout and positioning of your house on the... 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

5 Reasons to Make Early Spring Firewood Time at Your Home

As the weather hints of warmth and the spring buds... Read More

Choosing a Home Construction or Remodeling Contractor

Choosing the right Contractor is the most important aspect of... Read More

The Art of Ice Dam Removal

You may have noticed long icicles hanging from your gutters... Read More

Remove Carpet Stains - The How To

Your short lesson on how to remove carpet stains: act... Read More

Planning Permission Tips UK - Free Design Advice In The UK - How And Where To Get It

Isn't it funny how people shelve projects for the new... Read More

Designing With Hardwood Floors

Hardwood floors are suited to both casual and formal environments;... Read More

Removing Your Old Wood Double Hung Windows

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

Pool Supplies Should Also Contain Safety

A swimming pool with attached spa has just been installed... Read More

The Wireless Home

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

How To Select Scraped//Distressed Hardwood Flooring

Hand-scraped and Distressed hardwood floors are becoming a popular choice... Read More

New Trends in Design & Comfortable Living

For the past several years I have seen the emergence... Read More

Guide to Bathroom Design

The first step is to plan the design ? as... Read More

Five Ways to Create a Healthy Home

Have you ever thought of your home as being healthy... Read More

Tips on Ladder Safety

PLACEMENT?Ladders should be placed so each side rail is on... Read More

Do You Know How Important Your Air Conditioner Filter Is?

When most people think about an air conditioner filter, it... Read More

Home Is Where The Heart Is

Every one lives in a house but every house is... Read More

Building a Garage Addition to Your Home

One of the most rewarding home improvements I made to... Read More

A Checklist for Bathroom Remodeling Plans

Careful planning is the key to a successful bathroom-remodeling project.... Read More

How to build an energy-efficient home

There are just a few important things to know and... Read More

Single Pane Window Glass Repair in an Aluminum Frame

Let's suppose you still have those old aluminum single pane... Read More

How to Buy a Home with Good Feng Shui

Buying a home is usually a stressful experience. So much... Read More

A Look at Steel Building Kits

Steel building kits are a comprehensive set of all the... Read More

Light Up Your Life With Feng Shui

Feng Shui (pronounced Foong Shway or Fung Shoy) is the... Read More

Wholesale Vinyl Flooring Is Perfect For Wherever You Need It

Wholesale vinyl flooring is the perfect solution for people who... Read More

At Last You Can Customize Your Pegboard As Much As You Want

Customizable metal pegboard is set to revolutionise utensil storage. For... Read More

Research Concerning Color in Homes and Workplaces

Over the years, many studies have been done in countries... Read More

Bathroom Remodel - The Plan

Planning a bathroom remodel? Each home project of this nature... Read More

Microwave Convection Ovens - Double Benefits

Microwave convection ovens have both microwave and convection facilities. Microwave... Read More