What should I know about buying a house with an extension that has no planning permission?

Understanding Planning Permission and Extensions

Extensions to properties generally require planning permission from the local authority in England and Wales, although some smaller works may fall under permitted development rights and not need formal approval. When buying a house, it’s important to confirm whether any extensions have received the necessary permissions.

What Risks Does an Extension Without Planning Permission Present?

• Mortgage Issues: Lenders usually want confirmation that the property is legal and safe. An extension without planning permission may affect the lender’s willingness to provide a mortgage.
• Resale Challenges: Future buyers may be wary of an unapproved extension, which can reduce the property’s market value or make it harder to sell.
• Enforcement Action: The local council can require the removal of unauthorised extensions, potentially leading to costly works or loss of space.
• Insurance and Safety Concerns: Lack of permission might mean the extension hasn’t complied with building regulations. This can raise safety issues and affect insurance cover.

How to Check If an Extension Has Planning Permission

You can check the planning history on the local council’s planning portal to see if permission was granted for any extensions. It is also advisable to ask the seller for copies of planning permissions and building regulation certificates. A conveyancer will usually carry out these enquiries as part of the conveyancing process.

Legal Considerations When Buying

In most cases, the seller must disclose any relevant planning issues on the property information form (TA6). However, disclosures are not always complete. Buyers should instruct conveyancers who will investigate the property’s planning and building control history to identify any potential problems.

Possible Solutions and Protections

• Indemnity Insurance: An indemnity policy may be available to cover risks arising from an unauthorised extension, offering protection against future enforcement fines or costs.
• Retrospective Planning Permission: The buyer or seller may apply for retrospective planning permission; however, success is not guaranteed and the process can be lengthy and costly.
• Negotiation: Buyers might negotiate a price reduction or obtain specific warranties from the seller regarding the extension.

Special Considerations in Scotland and Northern Ireland

While this guide focuses on England and Wales, buyers should note that planning systems differ in Scotland and Northern Ireland, and similar but distinct rules apply. It is wise to seek local advice in those jurisdictions.

How to Protect Yourself During Conveyancing

Using conveyancers regulated by the Solicitors Regulation Authority (SRA) or the Council for Licensed Conveyancers (CLC) helps ensure thorough investigation into planning issues. They can provide plain-English explanations, fixed-fee quotes, and advice tailored to unusual property situations.

For more information on conveyancing and how to find a suitable professional, see our guide to obtaining a conveyancing quote and common conveyancing problems.

How we can help

At Affordable Conveyancing, we connect you with regulated conveyancers specialising in residential transactions including unusual properties. We offer fixed-fee, itemised quotes so you know the costs before you commit. Whether you’re buying a house with an extension lacking planning permission or dealing with other complex issues, our conveyancers provide clear advice to protect your interests. Get a quote today and understand your options.

This guide is general information about the law in England and Wales as at the date shown above. It is not legal advice. Every property is different, so ask your conveyancer about your own situation. More in Conveyancing problems and how they're solved.