I want to buy a house but can I apply for planning permission to build an extension before I complete?
- You do not need to own land to apply for planning permission to develop it
- Sellers may be put out if potential buyers apply without asking their permission
- We speak to a planning expert about how best to approach your situation
I am buying a house in Lincolnshire and we are currently going through the mortgage application and the legals etc.
The house really only works for me if I can build an extension in the garden because my wife and I have two kids and both work from home, and the house only has two bedrooms.
I want to get planning permission before I go ahead and buy the house – is it allowed for me to apply for planning permission even though I am not the owner?
Current rules state that you do not need to own land to apply for planning permission to develop it
MailOnline Property expert Myra Butterworth replies: It may seem strange but you don’t need to own a piece of land in order to apply for planning permission to own it.
However, if you apply for permission on a house or piece of land that you hope to buy, it may affect your negotiations with the current owners. It is wise to explain to them what you are doing, so as not to cause bad blood.
We speak to a planning expert about what your options are and how best to approach this situation.
Martin Gaine, a chartered town planner, explains: Oddly, you do not need to own land to apply for planning permission to develop it. You could mischievously apply to change the use of your local café to a lap-dancing club, say, just for the fun of seeing the local reaction.
If you do apply to develop someone else’s property, there is a requirement that you notify them when the application is submitted. Clearly, your sellers will be put out if you apply without doing them the courtesy of asking their permission first. They might well refuse to sell to you at all.
The sellers are likely to be concerned about how long an application might take and the prospect that you would pull out if it were refused. Most sellers expect a transaction to go through quickly, with an exchange of contracts in around a month or six weeks. Your application is likely to take longer than that – you will need time to get an architect to draw up plans and householder planning applications take at least eight weeks to be decided. If permission is refused, and you choose to appeal that decision, you will have to wait another 20 weeks or so.
You therefore need to start by having a discussion with the sellers (or their agent) about their expectations. It is best that you have their agreement to the application, that they understand that it might take some time, and that you might not proceed with the transaction if it fails.
It is possible that you do not need planning permission at all to extend the house. Ground floor extensions to the side and rear are usually permitted development, meaning that you do not need planning permission as long as you follow strict rules on their size and design. Permitted development rights also allow loft conversions and rear roof extensions, and outbuildings for use as home offices.
Some houses do not have permitted development rights or have already taken advantage of them, in which case a full planning application may be the only option. If so, you could try to get some informal advice from the council about the likelihood of permission being granted. Alternatively, hire a good planning consultant to assess local policies, planning constraints and the permitted development rules to advise whether your plans are feasible.
If the council or consultant’s advice is positive and you are very keen on this house, you might choose to go ahead with the purchase and take a chance that you will be able to create the extra space that you need to make it comfortable and practical for your family.
If the consultant’s advice is positive and you are very keen on this house, you might choose to go ahead with the purchase and take a chance that you will be able to create the extra space that you need to make it comfortable and practical for your family.
Martin Gaine is a chartered town planner and author of ‘How to Get Planning Permission – An Insider’s Secrets
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