• Creating Deeds For Two Properties Out Of One

    By Guest on 08th Jul 2015

    We are in the process of buying a house that has been converted into two flats with neither planning permission nor building approval. This all happened a long time ago, certainly more than 4 years and possibly 10. We are still awaiting details. The works include a loft conversion with ensuite and a staircase that leads into the upstairs kitchen. Pretty sure that wouldn't meet building regs today. I have 2 questions. If we apply for PP to do a back extension (probably permitted development) , we could sort out the stairs and kitchen issue by creating a proper corridor. But would we run the risk that they also attach conditions to the loft itself (raised floor etc) even if not included in the changes proposed and which we seek permission for? Second, if we didn't extend but left as is, can we separate the deeds to sell separately with only indemnity insurance, or would we need to retrospectively seek planning permission and building regs approval?

  • 1 Answers

    By Guest on 13/07/2015

    For the loft it is not planning consent that would be the issue but rather, building regulations approval and it is quite possible that building control would ask for the other issues to be dealt with before granting approval of additional works. If you are buying the property now you would be well advised to insist on the seller obtaining retrospective approval to the work carried out. It will delay the transaction but could save you a lot of problems in future.

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