How to avoid your own house of straw!

The recent case of Robert Fidler, the man who built a castle behind bales of straw to avoid planning permission, might seem a bit extreme - but there are lessons to be learnt from it for house buyers says Helen Murphy, a conveyancing expert with Barr Ellison Solicitors.

Certain works to a property will require planning permission, for example large extensions and sometimes conversions of garages to living space.   But how can the untrained eye tell when a property has been extended or altered?

When a property is sold the seller is under a duty to disclose any alterations carried out to the property, but if the property has been sold on since the work was done an owner may not know exactly what work was carried out and when.   As a result it can be difficult for a buyer to establish whether or not an extension could potentially be in breach of planning regulations.

Whilst searches applied for as part of the conveyancing process will tell a buyer what planning permissions have been granted by the local authority, if an extension has been built without permission then naturally there will be no records with the local authority.

This is only one of the reasons why it is important to have a survey carried out.    A surveyor can inspect the property for any signs of alterations or extensions from its original state and can then alert a buyer’s conveyancer so that further investigations can be made.

This is particularly important for recent extensions and alterations that are at risk of enforcement action from a local authority.  Ultimately, enforcement action can result in the extension being removed and a buyer would no doubt think very carefully before purchasing a property that carried the risk of enforcement action.

So, to make sure you are not buying a house of straw, make sure you inspect the property carefully, have it surveyed, and make your conveyancer aware of any potential alterations made to it.

For further information on any of the above issues, please contact Helen Murphy on 01223 417200.

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

"We would like to thank Sarah Payne for her help in our dispute with our buyer and former conveyancing solicitors. We have learnt a lesson and will now leave all our conveyancing to Barr Ellison."
Ivan and Sue Woodhouse

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