View Full Version : UPDATE Pre Fab Garage.. Planning Permission ?
Do you require planning permission for a Non Permanent structure...
IE a prefabricated concrete sectional garage with a corrugated roof
.http://img48.imageshack.us/img48/9140/2149173604fe994bf08bb3.jpg (http://img48.imageshack.us/my.php?image=2149173604fe994bf08bb3.jpg) http://img48.imageshack.us/img48/4253/214917449d88050ab13ib3.jpg (http://img48.imageshack.us/my.php?image=214917449d88050ab13ib3.jpg)
even in the surveyor report it states "The property has a front, side and rear gardens. There is a single detached perfabricated garage with off and on-street parking."
I ask only in the plee that someone from the Local Sunderland council will actually go to the property and look and see for themselfs....
So maybe I can exchange contracts and bloody well move in before Christmas.
rant over.....
or maybe not.....
:evil: :evil:
mpaton2006
03-12-06, 09:18 PM
It depends, these building are classed as temporary structures so full PP is usually not required but there may be caveats. I'd definitely take it up with your local council's building control section and ask someone there.
Also it depends on the distance from the house!
i was in a similar position... a solicitor raised a concern about a shared access, and wouldnt allow us to complete and managed to tie everyone up over an issue that wasnt an issue... we got the vendor to offer to put up a fence to show the boudary..
offer to knock it down if it means completion can happen... or ask the buyer for an undertaking to knock it down should planning permission be needed and not granted..
how much is a prefab worth these days 2K?
k
454697819
04-12-06, 09:34 AM
Just asked a planner for you who worked for leeds city council.
If the garage is more than 5 meters away from the house then no you don't need pp.
If its with 5 meters (the start of the garage) of the house then it will depend on if the house has already been extended or not, ratios will depend on ur local council i believe.
If u need any more information i will hound her for more.
kwak zzr
04-12-06, 12:41 PM
as above you do need planning unless 5m or more away from the property and not more than 3m high.
We needed Planning Perm for a Prefab because of a caveat on the area. It wasn't worth the extra money and hassle, so put up a shed instead!
All of the above - but if the structure is more than 4 years old the Council can't enforce anyway so the whole thing's a non-issue. Get a letter signed by the seller to say that it was constructed whenever.
If the bloke from the Council says yes it does need permission and it doesn't have permission, then I suggest you obtain a retention from the purchase price. Do you want the garage - if yes then make it a meaningful amount, enough to cover the cost of an application, and the hassle - and the possibility that PP won't be granted.
If it's more recent than 4 years and the Council doesn't know about it then you might be able to persuade the seller to provide a defective title indemnity policy - typical cost £150, at the seller's expense.
kwak zzr
04-12-06, 03:50 PM
:winner: he knows you know :D
tinpants
04-12-06, 06:57 PM
Well he bloody ought to! He's a solicitor!! :shock:
BTW, is a lady barrister without her briefs a solicitor? :twisted: :lol: :lol:
Spiderman
04-12-06, 08:09 PM
BTW, is a lady barrister without her briefs a solicitor? :twisted: :lol: :lol:
Dunno. But if you can arrange for me to meet her then i'll find out for ya. ;)
Unless she's not a solicitor but just soliciting :shock:
Just got back in,
thank you for all your replys.
the seller is now applying for Retrospective PP.
in the mean time, we just wait... :evil:
Just got back in,
thank you for all your replys.
the seller is now applying for Retrospective PP.
in the mean time, we just wait... :evil:
That will prolly have cost more than a defective title thingy. Or a retention.
You won't be in by Christmas then...
Richie where you moving to? Does this mean you're leaving the army?
Richie where you moving to? Does this mean you're leaving the army?
No, not leaving the army. as I would be a fool to leave such an easy job.
Moving up round your way. Between Durham and the coast.
Just got back in,
thank you for all your replys.
the seller is now applying for Retrospective PP.
in the mean time, we just wait... :evil:
That will prolly have cost more than a defective title thingy. Or a retention.
You won't be in by Christmas then...
Barr Humbug... :wink:
She ( the seller) has been sent a form to fill out from the council, so its a waiting game now until the man/lady from said council goes to look at the garage and decides....
wouldn't mind but we put our offer on the house in August, 17 weeks ago....!
and BTW yes I do need the garage, as an escape from her indoors.. :wink:
there are two issues
1) Planning Permission
2) Building Regulation Approval (Building Control)
- They are not the same thing...
The first issue is planning permission, which it seems you have quite a few answers on so I shan't say owt on that - don't know details anyway!).
The building regulation issue is simpler (for me at least):
From the photo's it looks like it is constructed of non combustible materials and appears to be less the 30m2 in floor area. Accordingly it would be exempt from the Building Regulations even if built close to the boundary - as long as it is detached from the house. If it is more than 30m2 floor area it would need approval. If it is within 1m of the boundary and built of combustible material it would need approval.
In any event the Council will find it very difficult to take enforcement action if you can show it has been built more than 12 months ago (injunction is a very very unlikely - though possible - option if the Council thought the building presented a significant risk to health and safety) -but it looks exempt anyway.
From the sellers point of view they can apply for retrospective planning permission which, perhaps, if the approval is straight forward might prove cheaper to them than discounting the price of the house (possibly) - I'm not that good on the planning stuff. They can also apply for a regularisation certificate for building regulation approval (provided it wasn't built prior to Novemebr 1985!) - although as noted above it would appear it didn't need this approval anyway.
Solicitors always ask (though often very late in the day!!) for copies of approval notices and completion certificates. If you proceed with the purchase this may well happen when you come to sell again so it is worth writing to the Council (Development Control - planning permission and Building Control - building regulations) to get a written response as to your legal position which you can keep with your deeds for the future. In terms of building regulations they can confirm that it didn't need approval. Include a layout plan with dimensions of the building and its relationship with the house and other buildings with your letter. Most will accept email for this (and may reply by email). It may be worth doing this anyway as a buyer to put your mind at rest.
Not so familiar with the planning process I'm afraid. :shock:
Oh and by the way - its as permanent as any building unless planning permission is given which limits the term.
On another note even if it is exempt from building regulations - if you put an electrical supply into it fed from the main house, the electrical work will need building regulation approval (though the building itself might not) unless you use an electrician approved through governement approved Self Certification Scheme
Sorry missed that bit earlier :wink:
Solicitors always ask (though often very late in the day!!) for copies of approval notices and completion certificates.
That's because, in my case, if nobody tells me that there has been any work at the property, the only way I find out is from the local search. Sellers should state whether there has been any work done in their Property Information Form - but often don't.
Solicitors always ask (though often very late in the day!!) for copies of approval notices and completion certificates.
That's because, in my case, if nobody tells me that there has been any work at the property, the only way I find out is from the local search. Sellers should state whether there has been any work done in their Property Information Form - but often don't.
Yes, I can appreciate that being a problem Ed ] :smt045 . Very often the Council is blamed when unable to issue copies of documents with just a couple of hours notice before contract completion - yes it does happen a lot and very difficult when the building work didn't even get approval, when people expect us to drop everything and rush round to their home and do a full survey with our X-Ray kit (no we haven't really got an X-Ray kit) ain't gonna happen - worse when the conveyancer is rude and abrupt when making the request - not the best way to get a result.
Sorry seem to have veered from the thread... :wink: ](*,)
BoltonSte
05-12-06, 12:15 PM
*Thread Hijack alert* :oops:
As you folks seem to be in the know, I have a breezeblock garage at the bottom of my garden (more than 5 meters from the house) it has enough space next to it and the boundary (path and gate) to turn it into a double garage, already has leccy running to it, what would be needed (permissions etc) to drop one wall and extend it or drop the whole thing and rebuild it? Oh yeah, I'll be making sure the roof is below 3M.
Ste
timwilky
05-12-06, 12:23 PM
BTW, is a lady barrister without her briefs a solicitor? :twisted: :lol: :lol:
Just asked the daughter who is training to be a Barrister and therefore has no briefs of her own yet. Her answer was no:- Cold and then mumbled something about the game ,preferable, solicitor. Sorry my ears are blocked and I could not hear the full acidic comment
*Thread Hijack alert* :oops:
As you folks seem to be in the know, I have a breezeblock garage at the bottom of my garden (more than 5 meters from the house) it has enough space next to it and the boundary (path and gate) to turn it into a double garage, already has leccy running to it, what would be needed (permissions etc) to drop one wall and extend it or drop the whole thing and rebuild it? Oh yeah, I'll be making sure the roof is below 3M.
Ste
Planning first: if the garage is more than 5m from the building and less than 3m high it will generally be ok unless - the garage will be nearer to the road than the house and or near to a footpath and or the garage will be more than 50% of the garden. Similarily if you extend the garage the finished product will need to adhere to this. Exceed it and you will need to apply for planning permission. :(
Building Regulations: will be exempt if detached and less than 30m2 in floor area and is at least 1m from any boundary or is constructed of non-combustible material (Building Regulations 2000 schedule 2 Class VI) Electricity supply is controlled!
If you extend the building it is still exempt if kept with above limits. If you knock down to rebuild it is a NEW building but above exemption will still apply. Go beyond those limits e.g. bigger than 30m2 floor area then you will need building regulation approval and a charge is payable :thumbsup:
Try this site for more info http://www.labc.uk.com/offices/default.asp which will also give you contact details for your local Building Control Office unless you have something better to do like erm riding your bike!! Yeah :D
:nomore: freebies!! :lol:
Great News....
Planning permission not needed as Vendor went to the council in person spoke to head guy there,
head guy wrote a letter to Her solicitor who Faxed my solicitor....
Contracts exchanged this morning and getting the keys on Friday next week.
SO it pack up the boxes and moving time. :D
Great News....
Planning permission not needed as Vendor went to the council in person spoke to head guy there,
head guy wrote a letter to Her solicitor who Faxed my solicitor....
Contracts exchanged this morning and getting the keys on Friday next week.
SO it pack up the boxes and moving time. :D
Pah, if you'd instructed me none of this would've happened
I'd have gone and demolished the bloody thing overnight
I'd have gone and demolished the bloody thing overnight
:lol: Next time I move my friend, youl'll be the first to know. :wink:
Cloggsy
11-12-06, 11:38 AM
BTW yes I do need the garage, as an escape from her indoors.. :wink:
Just get the Central Heating piped across mate and you'll have a home from home ;)
timwilky
11-12-06, 12:59 PM
BTW yes I do need the garage, as an escape from her indoors.. :wink:
Just get the Central Heating piped across mate and you'll have a home from home ;)
Why do you need central heating to make a home away from home, with all the cold shoulders and icy stares I get even the frozen artic would be just like home.
Why do you need central heating to make a home away from home.
will let you know soon, as I'm moving on Friday this week.
I think the last thing to get packed will be the laptop.... :wink:
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