8 tips for selling with missing planning permission or no Building Regulation documents

A home that’s been remodelled or extended without planning permission or a Building Regulations certificate can be very hard to sell. While it may feel a trivial point if the work was done safely and to a high standard, not many buyers will want to take the risk. Property owners without the correct permissions may be asked to reverse the alterations, or they will struggle to sell the home in the future.

Even when planning permission is granted, there may still be troubles when selling. Any permission will set out a list of conditions that the homeowner should meet. If they build too high, too wide or too flamboyantly, they will be in breach of the planning permission.

There is, however, a loophole that depends on the amount of time that has passed since the work was completed. Section 115 of the Levelling Up and Regeneration Act 2023 details the time limit for when enforcement action against those who have breached planning permission can be taken.

In some cases, no future enforcement action can be levied by the local planning authority after four years have elapsed but is more commonly 10 years. Whether you’re covered should be confirmed by a solicitor and a Lawful Development Certificate' (LDC) obtained before sale.

It’s not advisable to gloss over a lack of planning permission or Building Regulation certificates. Details of these are requested on the TA6 property information form when selling, and sellers are required to fill this out honestly. If a vendor is caught lying, the buyer is within their rights to seek compensation, withdraw from the sale or return the property to the seller for a full refund.

The seller is required to provide the buyers’ solicitor with copies of planning permission, Building Regulation approvals and completion certificates – the latter of which prove the work was carried out in accordance with Building Regulation requirements.

Even if a buyer is willing to take a risk where there is no evidence of planning permission, Building Regulation approvals and completion certificates, they may find it impossible to get a mortgage on the property. This shrinks the pool of purchasers to risk-friendly, cash only.

What type of ‘missing’ are you?

You will fall in one of two categories. The most serious is missing permissions and certificates because they were never obtained in the first place. The other is missing permissions and certificates because you have lost paper copies.

Don’t panic about either scenario. Here are 8 things you can do if you are missing planning permission or Building Regulation documents.

1. Determine the category of work you have completed: there is a long list of property additions and alterations that fall within permitted development rights. These will not need planning permission and should cause no issue when it comes to selling.
2. Contact your Local Planning Authority: if you or the property’s previous owners have ever been given planning permission, your Local Planning Authority will have a record of this. It’s possible to search their online planning portal or the department will have physical copies archived. Request a paper or digital copy for your solicitor. Your Local Planning Authority (or an independent, approved inspector) will also hold completion certificates, full plans approval notices and final inspection letters.
3. Order a planning report: if you don’t know if the work completed on your property has planning permission – whether that’s work you have carried out or has been at the hands of a previous owner, you can order a planning report through your solicitor. This will inform you of all planning permissions from the past 10 years.
4. Hire an independent building control inspector: if you are missing a Building Regulations certificate, you could hire an independent building control inspector to assess the construction work. If the work was completed to a satisfactory standard, they may issue a certificate.
5. Apply for retrospective planning permission: if you have completed remodelling or extension work and never sought planning permission in the first place, you can apply to your local planning department for retrospective planning permission. The caveat? If your retrospective application is rejected, you will need to restore the property to its original state.
6. Apply for regularisation: if you have completed building work but didn’t obtain a regulation completion certificate, you can apply for regularisation via your Local Authority Building Control. This needs to be done usually with 10 to 15 years of the work being completed. Although they won’t pull apart the structure, they will probe to ensure the work has been carried out competently.
7. Take out an indemnity insurance policy: if you know work has been carried out without planning permission or if the Building Regulations certificate is missing, you can take out an indemnity insurance policy via your solicitor before you sell. An indemnity policy provides financial cover for the new owner (and any subsequent owners) against the risk of the local authority taking enforcement or legal action against them.
8. Sell to Open Property Group: Remodelled or extended properties without planning permission, in breach of planning or presented without Build Regulation certificates are classed as ‘problem properties’ as they carry risk. At Open Property Group, missing documents are no issue and we will make a cash offer on any property, whatever its status. A sale to us is a stress-free solution that avoids talking to your Local Authority Planning department. Missing documents will not hinder your sale to us.

Open Property Group has already bought 1000s of homes for sale across the country – here’s why sellers choose us. If you’d like to discuss your property with a friendly, professional human, we’re waiting for your call or email – contact us here.