planning permission

[cleo1]

I am in the process of purchasing a property which has an extremely large conservatory. There is no planning permission for this conservatory which was built approximately 5 years ago.

I am lead to believe that the council are unable to make us knock this down as this has been standing more than 2 years, is this correct?

[buildersmate]

This is true, but its 4 years not 2.
However its is possible the conservatory might not have needed PP in the first place - folks use their Permitted Development Rights to build some extrensions and this have been what happened here. It is possible to apply for a Certificate of Lawful Use from the council if PP should have been sought but wasn't and more than 4 yrs have expired. This is not your problem and the vendor must sort this out (to the satisfaction of your solicitor) or just don't buy the house. If you do buy, you will just acquire the problem.
If the Conservatory is bigger than 30 square metres in externally-measured area, the structure should also have had Building Regulations approval - irrespective of whether it needed PP. BR approval confirms the structure is built to minimum quality standards - conservatories less than 30 sqm are regarded a temporary, non-habitable structures, and hence never need BR approval. Above 30sqm they must have it.

[cleo1]

- The conservatory is probably less than 30 m2, and as the vendor is a builder I would assume he went through all the correct building proceedures.

He did however say the council did say that the conservatory overshone the house and not in line with the area.

Do I am right in assuming as the building has been up more than 4 years there is nothing they can do, like make me knock it down????

[buildersmate]

There is nothing the Development Control (the Planning Permission people) at the council can do if its been there for more than 4 years. However it is still in your best interests that your solicitor only allows you to buy the house if the vendor has acquired a Certificate of Lawful Development. This involves making an application similar to a Planning Application to the council, the only outcome of which is they can't turn it down! Its a pain in the rear end to do and requires a �135 fee and all the drawings that would be required as if it was a PP. I'd be surprised if your solicitor agreed to let you buy without it. If you don't, YOU will have the problem when you come to sell. See here for a FAQ on this issue - I selected it randomaly from Richmond Council, London because it explains it reasonably well. Every council runs the same process.
http://www.richmond.gov.uk/home/environment/pl anning/planning_for_private_houses_flats_and_m aisonettes/types_of_planning_applications/lawf ul_development_certification.htm