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Planning Permissions and Building Regulations Consents in the Conveyancing Process

Unless advised to the contrary, where you are purchasing a residential home, your conveyancing solicitor  will assume that you are proposing that the property is to be used for residential purposes only.   In the event that you have a different proposed use for the property then you will need to raise this with your conveyancing solicitor.

If you believe works have been undertaken of either an extension or structural nature that may have required local authority consents, but these have not been supplied or disclosed, then let your conveyancing solicitor know immediately. Whilst the conveyancing searches may reveal breaches of local authority consents, they will not reveal whether works have been commissioned without formal consent. It is your responsibility to highlight any such works to your conveyancing solicitor . In addition to extensions, this could include, for example, the removal of structural walls or the conversion of a garage or loft space to create additional living accommodation. From April 2002 even the glass used in re-glazed windows should comply with Building Regulations requirements.

Unless otherwise disclosed to your conveyancing solicitor they cannot be responsible for checking that extensions or alterations have appropriate consents.
Your conveyancing solicitor should send you copies of  the Planning Permissions and Building Regulations consents that they have obtained. The may originally be obtained form the seller’s lawyers or directly form the local authority.

 Where planning conditions have been imposed with in the planning permission tit is a good idea to  check from your own personal knowledge of the property that the Seller has met the conditions. . For example there may be a planning condition stating that certain roof tiles are used. You should check the roof tiles to ensure they comply. The local authority would have ten years to take enforcement action for breach of any planning condition within a planning permission.

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