Planning permission for Conservatory

Planning permission for Conservatory

Do I Need Permission - Ask An Expert Hi, I’m in the process of purchasing a detached property. The property was built in early 1980s and there is a conservatory erected of 12 sq m area. The seller’s solicitors is stating that no document is required for the conservatory extension as it was built about 19 years ago and it is 12 sq m.

But my solicitor is insisting that we must see the proof of year when it was built or have a document from local authority certifying a planning permission was not needed.

I have read that as per the guidelines if the conservatory is to the rear of the property and is less than 24 sqm then there is no need for planning permission.

My question is should my solicitor need to press for the documents for conservatory from the seller’s solicitors? Or I can still go ahead and purchase the property without any documents or proof of when it was built?

This is delaying the whole process. An early response would be really appreciated.
Question Posted By – D Goyal In Area – East Central Scotland

  1. Do I Need PermissionDo I Need Permission03-20-2015

    Hello.

    Yes, you are right with the current permitted development regulations (works not requiring planning permission) you can build a conservatory on your property if it meets the following criteria.

    •Any part of the conservatory is NOT forward of the front elevation (elevation facing road) or side elevation that faces a road.
    •Semi or terrace house – The conservatory is NOT greater than 16 metres sq or 10% of the original ground floor area. (up to a maximum of 30 metres sq whichever is greater)
    •Detached house – The conservatory is NOT greater than 24 metres sq or 20% or the original ground floor area. (up to a maximum of 30 metres sq whichever is greater)
    •Is NOT a flat, apartment or tenement.
    •Is NOT within a conservation area.
    •Is NOT a listed building.

    Which it sounds like the conservatory on the property you are purchasing meets this so technical the owners didn’t need planning permission for this.

    However on current regulations the conservatory would of required a building warrant as it is over 8m sq. I’m am not sure if they have provided you this or not?

    If there is no building warrant the conservatory has no permission.

    Hope this helps.

    Thanks for using Do I Need Permission.

    • D GoyalD Goyal03-20-2015

      Hi, thanks for your reply. It seems like they don’t have a building warrant otherwise they would have provided that.

      Does that mean they would have to apply for a letter of comfort from the local council to satisfy my solicitor?

      I checked that it can be applied for any work done before 1 May 2005 even if the work was done unlawfully or if it did not require planning permission but no warrant was obtained at the time of extension. Latter seems to be the case in this transaction.

      Thanks

  2. Do I Need PermissionDo I Need Permission03-23-2015

    Hi.

    To keep yourself right I would ask for them to provide a letter of comfort from the councils building control department.

    There is costs involved in this that are payable to the council.

    Thanks for using Do I Need Permission.

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