Permitted Development Rights

[davidk65]

I own the property I live in but the land is lease hold the lease being held by the local council. After some 30 years I have decided to enquire about buying the lease i.e. how much would it cost and what procedure I would need to follow. I was told that there would be the Councils legal cost plus 15 x the annual ground rent (not sure what the 15 quoted relates to). That's the easy bit. I was then asked what additions, if any, I had made to the property and had these additions been approved.? In the time we had lived here we had a small conservatory built at the rear of the property and more recently had roof mounted solar panels installed, also at the rear of the property. The council responded that if I wished to purchase the free hold I would need to satisfy them that both addition came within "Permitted Development Rights" I recall asking the builder and later solar panel installer if planing permission was required? To the best of my recollection both replied that the conservatory and panels did not require planning permission. I can't verify this as both companies have ceased trading some years ago. The added complication, as I understand it is, even if both installations comply there is another requirement to fulfil i.e. did I get permission/did I inform the the leaseholder of the additions. The answer to the last bit is easy No. I did not know that the owner of the land had a had to be informed.
My questions are : How do I go about establishing if my additions fall within the Permitted Development Rights? In addition; were do I find a readable copy of of these regulations. Further is it possible to obtain retrospective permission for my additions?

[Buenchico]

This site (which is co-funded by the Department for Communities and Local Government) can answer some of your questions:
https://www.planningportal.co.uk/info/200130/common_projects

[Zacs-Master]

The attached is a guide to whether a conservatory requires planning permission:
https://ecab.planningportal.co.uk/uploads/miniguides/conservatories/Conservatory.pdf

The problem may be that planning laws may have changes since you had it built and your local authority may apply laws which were in place at the time it was built. I'd ask them whether this will be the case.

This is a guide to planning permission for solar panels:
https://www.planningportal.co.uk/info/200130/common_projects/51/solar_panels

It is perfectly possible to make a retrospective application if you need to.
https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/4

[The Builder]

Check this first, David............

https://interactive.planningportal.co.uk/

Conservatories are treated just like any other extension. You may come under "Permitted Development". The above guide should help.

If you think you might come under PD, then you can apply to your local Planning Dept. for confirmation via a "Certificate of Lawfulness". That should satisfy the freeholder.

The question of whether they were "informed". would surely show in their records. After all this time, and crucially, with no objections from anyone having come to light, then I'm sure there is a way forward.

I've bought a Freehold in the past. It's usually do-able.

Because of the doubt over whether they were informed in the past over the alterations, I would strongly advise using a specialist Property Lawyer. I would expect your own local Solicitors Practice to have at least one.

[Atheist]

If planning permission had been granted, then the local authority should know, presuming they are the Local Planning Authority. If planning permission should have been obtained, but wasn't, then the development would become lawful if it was not challenged by the Local Planning Authority within four years of its construction. If the council are now asking for confirmation that the development(s) are now lawful, then they are being annoying, but technically in their rights; you need to apply for a Certificate of Lawfulness, which would presumably be based upon your claim that the works had stood unchallenged for more than four years. You would need an OS site plan and a simple drawing of the works plus some photos - the council should be able to do the rest. Best thing is to visit your local Planning Department for face-to-face advice from a planning officer - an officer worth his/her salt would be able to advise you on what to do.