Is it just about Planning Permission?

Is it just about Planning Permission?

The short is answer is – probably no!

It is important for all homeowners to know that obtaining planning permission or building regulation consent might not be all that is needed.  Often the title deeds for a home contain promises by the homeowner to obtain the permission of the original owner, usually the builder, for their prior consent before any alterations or additions are made to the home.  This information can be found in most deeds whether the title is freehold or leasehold.

The practical problems that flow can be hard to overcome. For example, if a home was built in the 1930’s, how can the original owner or their heirs be located to obtain permission?   In some cases, surrounding neighbours may wish to enforce the promise.  In the case of a property purchased from a Local Authority through the ‘Right to Buy’, Planning and Building Regulation consent may have been sought, but the Deed transferring the home to the tenant who bought it, will contain a promise to obtain the Council’s separate permission to make to alteration or additions. 

The penalty for not obtaining consent can be very expensive. The alteration may need to be removed and/or damages paid.  The homeowner may not be able to sell their home unless steps to rectify the problem are taken.  The best solution is to get permission beforehand. If that has not happened, call your solicitor for advice on the best way forward before you approach the person or organisation whose permission is required.

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