Q. My mother passed away a number of years ago. I now live in the house, and it is in my name. I know that Mum had work done to the house, some small extensions, a porch, a shed, knocked through dining rooms to make a large downstairs bedroom, etc. I know she never looked for planning permission for any of the work. There has been a lot in the media recently about houses being knocked due to a lack of planning permission and we are a little bit worried. Can you give us some advice.
Dear Reader,
The first thing to try and ascertain is the initial construction date of the property. If it was first constructed prior October 1964, the initial build (and indeed any extensions or alterations done before then) would not have required planning permission.
However, if the house itself was built after, both the initial construction of the home and any works done subsequent should have planning permission. There is a chance that some of extensions might be classed as being ‘exempted developments’. These allow for smaller renovations or extensions to property.
The rules have changed over the years. Generally, in order to be classed as an exempted development today, the total floor area of the extension ‘on the ground’ should not exceed 20 square meters if a detached home, and 12 square meters if a semi-detached or terrace house. The extension cannot reduce the size of the garden to less than 25 square meters.
Changes to the internal layout of the house do not generally require planning permission. There are a myriad of other rules, and your engineer or architect will confirm the position. You can also apply to the local authority for formal confirmation.
If the extensions cannot be classed as exempted, you could apply for ‘retention’ permission.Â
If you are considering  selling or mortgaging the property, it would be essential to confirm the property complies in all respects with planning permission. This is usually done by the production of any grant of planning permission, with a declaration of a suitably qualified engineer/architect to confirm that the property is in full compliance.
It is important to note that if the last extension or alteration was more then seven years ago then the local authority is barred from taking any action to enforce planning. That is to say, the local authority cannot demand the removal of the unauthorised structure.
This does not mean that the property has the benefit of planning permission, just that steps cannot be taken by the local authority to force you to remedy the situation.
You should consult with your engineer/architect to discuss possible ways forward.