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Selling house Without Planning Permission

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If you have been living in a property for a long time, chances are that you have made some alterations and improvements to it. Some of these alterations and modifications may require planning permission.

If you are selling a home that has undergone alterations or improvements without the necessary planning permission, the likelihood of a quick sale is very low. Additionally, homes without planning permission cannot be mortgaged.

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How to sell your home without planning permission?

If you discover that you have done work on your property, such as adding an extension, without obtaining the necessary planning permission, there are a few options to consider when you decide to sell your property.

One option is to apply for retroactive planning permission for the project you have completed. There are organizations, like Planning Aid England, that can offer advice and information on the planning process.

However, this can be a lengthy and expensive process, which may not be feasible if you need to sell your house quickly.

If obtaining planning permission is not possible, you can still sell your home by being honest with potential buyers about the situation. Before selling, it is important to create a list of all the alterations you have made to the property, including their types and dimensions.

This information can help prove to buyers that the changes are exempt from planning permission.

Another option is to apply for a Lawful Development Certificate from the local authority. This certificate confirms that a specific alteration on your property complies with relevant planning permission laws and rules.

However, this process can be time-consuming and may require a fee.

Alternatively, some homeowners choose to purchase an indemnity insurance policy when selling a property without planning permission. These policies protect the buyer against any fees or costs that may arise from the local authority enforcing planning permission regulations.

To qualify for this policy, you must demonstrate that the work was completed over a year ago and that the property has been used for residential purposes during that time.

It is important to note that to obtain an indemnity insurance policy, you must not have contacted your local authority about your property for at least three months.

Selling House Without Planning Permission
One option is to apply for retroactive planning permission for the project you have completed.

Which improvements or extensions require planning permission?

The law regarding permitted development is outlined in the Town and Country Planning (General Permitted Development) Order 1995, which was amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008.

If your extension exceeds 50% of your garden area, is taller than the original roof, or has a volume greater than 115 cubic metres, then you must obtain planning permission.

In addition to these restrictions, it is important to also consider the permitted depth and distance from the property boundary when planning your extensions.

How saleable is my home if it lacks planning permission?

Suppose you have made improvements to your home or added onto the property without getting planning permission or building regulations approval.

This can discourage potential buyers because the authorities have the power to take legal action against the property owner for failing to obtain planning permission.

What are the solutions if your home does not have planning permission?

Indemnity Insurance

You have the option to obtain indemnity insurance. This insurance will protect you in case the local authority takes legal action against you. By making a one-time payment, you and future property owners will be safeguarded against potential legal risks.

However, please note that you must ensure that the work was completed over 12 months ago and that the property was used as a residence during that time.

If the local authority has been previously contacted regarding a lack of planning permission, you will not be eligible for indemnity insurance.

Once the policy is active, it is important to refrain from contacting the local authority to inform them about the lack of planning permission, as doing so would invalidate the policy.

Selling house Without Planning Permission
If the work adheres to the regulations, you will be granted a certificate of retrospective planning permission for a fee.

Retrospective planning permission

If you have built an extension without obtaining planning permission within the last four years, you have the option to apply for retrospective planning permission.

If the work adheres to the regulations, you will be granted a certificate of retrospective planning permission for a fee. Please note that the processing of your application may take up to 8 weeks.

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