Selling Property with Planning Permission Breach: A Complete Guide for UK Homeowners

Selling Property with Planning Permission Breach
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Your neighbour reported that unapproved extension.

Now the council’s involved.

Planning permission breaches terrify buyers and their solicitors. I’ve handled many of these cases – some resolved smoothly, others became nightmares costing tens of thousands.

The difference?

How sellers approached the problem from day one.

Through buying properties with planning issues across the UK, I’ve learned which breaches can be fixed and which become permanent obstacles. Some require expensive applications. Others need creative solutions.

This guide reveals your realistic options for selling with planning permission problems.

You’ll discover when retrospective permission works and when enforcement action becomes likely. I’ll also explain the fastest sale routes if waiting months for council approval isn’t possible.

No confusing planning jargon. Just practical strategies from someone who’s navigated these exact situations successfully.


Understanding Planning Permission Breaches in the UK

Planning problems can kill your house sale.

Most building work needs council approval first. Extensions need permission. Loft conversions need it too. Even garage conversions need approval.

I’ve seen sellers inherit these problems from previous owners. Others didn’t know permission was needed.

Common breaches:

  • Extensions without approval
  • Illegal loft conversions
  • Garage conversions

Councils can make you remove illegal work. Banks hate these problems too.

Older work might be safe now.

Extensions over four years old usually become legal automatically. Garage conversions need ten years instead. I’ve helped sellers get Certificates of Lawfulness to prove this.

Can’t get one? Apply for late permission. Your solicitor handles the paperwork.

I’ve watched sales collapse over hidden planning issues.

Fix planning issues before you sell. Check the Government’s planning guidance or read about selling with illegal extensions.


Selling Options for Properties with Planning Permission Breach

Here are the 3 primary methods to sell your property when planning permission breaches exist…

Estate Agents

The traditional approach creates significant obstacles for houses with planning permission breaches:

  • Average sale duration: 6-12 months (extended timeframe – mortgage lenders reject properties with enforcement risks)
  • Many sales fall through when buyers’ solicitors discover planning breaches
  • You need agents experienced with planning issues and enforcement procedures
  • You’ll encounter these costs:
    • Agent commissions (up to 3%)
    • Solicitor fees (up to £4,000)
    • Planning assessments and legal advice (£500-£1,500)
    • Retrospective planning applications (£206-£462 fee plus costs)
    • Enforcement action defence if needed (£2,000-£10,000)
    • Limited buyers are interested in properties with planning breaches

Property Auction 

Auctioning attracts purchasers who deal with planning breach properties:

  • Duration: 3-4 months
  • The sale finalises instantly when the hammer falls
  • Key factors:
    • Property sold as-is – bidders understand all planning breaches
    • Attracts developers and property specialists
    • Suitable for regularisation projects – draws appropriate buyers
    • Must declare completely about planning breaches in the auction documentation
    • Wait 4-8 weeks until the auction date
    • Wait 28 days to finalise the transaction
    • Registration fees (up to £1,000)
    • Auction house charges (up to 6%)
  • Full planning breach details must be disclosed to all bidders

Review our guide on selling a house at auction to understand how this process works for properties with planning permission breaches.


How Planning Breaches Affect Sale Price and Marketability

Planning problems hurt your wallet fast.

Houses with breaches sell for 10-20% less than similar homes nearby. Banks refuse mortgages on properties with illegal work. This means cash buyers only, which cuts your buyer pool by 90%.

I’ve seen sellers drop asking prices three times because nobody would touch their property.

Major impacts:

  • Longer time on market
  • Lower offers accepted
  • Desperate negotiations

Buyers know you’re stuck. They offer less because they can.

Council enforcement makes things worse. Active cases destroy value completely. I’ve watched properties become unsellable overnight when enforcement notices arrive.

Regional differences matter too. London councils chase breaches hard. Rural areas care less about minor issues.

Insurance becomes impossible for buyers. Mortgage companies want building insurance before lending. No insurance means no mortgage means lower value.

Fix breaches before listing. Legal properties sell faster and for more money.


Your Disclosure Obligations and Legal Risks

You must tell buyers about power lines or pylons near your property by law. 

Hiding this information can get you in serious legal trouble even after you’ve sold. Understanding your duties protects you from claims and helps keep your sale on track.

The rules are strict and apply to sellers, estate agents, and solicitors.

TA6 Property Information Form

The TA6 form asks questions about your property that you must answer honestly.

You must say if overhead power lines affect your property or garden. Tell buyers about any noise, ugly views, or worries you’ve had. Ticking ‘no’ when you know about power lines nearby is lying on a legal document.

Material Information Rules

Consumer Protection Regulations say you must share important information with buyers.

Important information is anything that would affect a buyer’s decision or the price they’d pay. Power lines definitely count as important information. Check the Consumer Protection regulations guidance to understand your duties.

What Happens if You Don’t Tell

Buyers can take you to court if you hide information about power lines.

They can claim money back for the difference in value. Courts often award damages of 5% to 15% of the purchase price. You’ll also pay legal costs, which can reach thousands of pounds.

Buyer’s Legal Options After Completion

Buyers have up to six years after buying to bring claims against you.

They can sue if you lied or hid important information. Courts side with buyers in most cases where sellers clearly hid problems. This legal risk hangs over you for years after selling.

Estate Agent’s Duty to Tell Buyers

Your estate agent must tell buyers about power lines in the property details or during viewings.

They can get prosecuted and lose their license for hiding important information. Learn what you need to sell your house, including all the things you must tell buyers. Don’t ask your agent to hide information, as they’ll refuse.

Solicitor Questions You’ll Face

The buyer’s solicitor will ask direct questions about power lines and pylons.

They’ll want to know distances, visual impact, and any problems you’ve had. Your solicitor must answer these questions honestly based on what you tell them. These written answers become legal evidence.

Criminal Charges for Lying

Making false statements on property forms can lead to criminal prosecution.

Trading Standards can investigate and bring criminal charges. Convictions result in fines up to £5,000 and a criminal record. The risk simply isn’t worth taking.

Claims After You’ve Sold

Buyers can bring claims months or years after buying if they find out you lied.

They have six years to make claims. Courts award money back based on how much value the property lost. Full honesty protects you from these future claims.

Problems You Inherited

You still must tell buyers about power line issues even if previous owners created the situation.

It doesn’t matter that you didn’t choose to buy near power lines originally. The law requires you to share all important information regardless of when the issue started. Your duty to tell buyers applies to everything affecting the property now.

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Resolving Planning Breaches Before Sale

Fixing planning breaches before you sell makes everything much easier. You have several options to sort out work done without proper permission. The right choice depends on what was built and how long ago it happened.

Some solutions are quick and cheap, whilst others take months and cost thousands. Understanding your options helps you decide the best way forward.

Retrospective Planning Permission Applications

You can apply for planning permission after work is already finished.

Your local council planning department handles these applications. They assess whether the work meets planning rules even though it’s already built. Applications cost £206 for most household projects like extensions.

The council might approve it, refuse it, or ask you to make changes first.

Certificate of Lawfulness Applications

Certificates of Lawfulness prove that work is now legal because it’s been there so long.

If work was done over four years ago without permission, it might now be lawful. For changes of use, the time limit is usually ten years. Applications cost £206 and need evidence showing when the work was completed.

This is often the easiest solution for old breaches.

Responding to Planning Enforcement Notices

If the council has issued an enforcement notice, you must respond quickly.

You can appeal the notice within specific time limits. Or you can apply for retrospective permission whilst the enforcement is paused. If you’re selling a property with an enforcement notice, fixing it is essential for the sale.

Ignoring enforcement notices leads to prosecution and fines.

Removing or Changing Non-Compliant Work

Sometimes removing or altering work that breaks planning rules is your best option.

Taking down an unapproved extension costs £3,000 to £15,000, depending on size. Making changes to meet planning rules might cost £2,000 to £10,000. This guarantees no planning issues, but you lose your original investment.

Buyers prefer buying a smaller legal home over a larger one with problems.

Planning Consultant and Architect Costs

Professional help improves your chances of getting retrospective permission approved.

Planning consultants charge £500 to £2,000 to handle applications. Architects cost £1,000 to £3,000 for plans and supporting documents. Their expertise helps present your case properly to the council.

Good professional advice is worth paying for on complex cases.

How Long Does the Resolution Take?

Retrospective planning applications typically take 8 to 16 weeks for a decision.

Certificate of Lawfulness applications are similar at 8 to 12 weeks. Appeals against enforcement can take 6 to 12 months. Removing work depends on its size, but usually takes 4 to 8 weeks.

Factor these timelines into your house sale plans. Check the Planning Portal guidance for current processing times.

Success Rates for Retrospective Applications

About 60% to 70% of retrospective planning applications get approved.

Success depends on whether work meets current planning policies. Extensions that fit local design guides do better. Work in conservation areas or affecting neighbours often gets refused.

Your planning consultant can assess your chances before applying.

Negotiating With Planning Officers

Sometimes you can negotiate changes with the council to get approval.

Planning officers might suggest alterations that would make your application acceptable. Reducing the size, changing materials, or adding screening can help. If you’re selling a house with planning enforcement, negotiation might avoid removal.

Being flexible improves your chances of finding a solution.

Costs vs Benefits of Fixing Issues

Spending £1,000 to £3,000 on regularisation typically adds £10,000 to £30,000 to your sale price.

Planning breaches can knock 10% to 20% off your property value. A house worth £300,000 could lose £30,000 to £60,000 because of planning issues. Investing in fixes usually makes financial sense.

Properties with planning breaches also take 50% longer to sell.


What Happens If You’re Served an Enforcement Notice

Getting a council letter means trouble.

Enforcement notices tell you to fix problems or remove illegal work. You get 28 days to appeal. Miss this deadline and you’re stuck with it.

Stop notices are worse. They mean stop work right now. Ignore them, and the council can prosecute you. Fines reach £20,000.

Selling becomes nearly impossible.

Banks won’t lend on properties with active notices. Buyers run away fast. I’ve seen three sales collapse in one week because of enforcement letters.

Your options:

  • Appeal the notice
  • Fix the problem
  • Apply for late permission

Appeals need planning solicitors. They know which grounds work. I’ve helped sellers win appeals on technical errors.

Can’t win? Get the work fixed properly. Building regulations matter too.

Some sellers find cash buyers during proceedings. These buyers accept the risk for big discounts.

Ignoring notices leads to court. Councils can force entry and do the work themselves. Then they bill you double.

Get legal help immediately. Planning solicitors cost less than losing your sale.


Why Property Buyers Today Handles Planning Permission Breaches

Here’s the honest truth…

Selling a property with a planning permission breach is far from straightforward. If you don’t want the headache of dealing with enforcement notices, applying for retrospective consent, and watching buyers vanish when their solicitors flag the issue, I completely understand.

That’s where we step in.

Now, I need to be clear – we won’t offer you the full market price because we have our own costs and we aim to sell the property on as quickly as possible. But here are the reasons so many people still choose to sell their house fast with us…

Speed

Most house sales take months, but we can buy your property in as little as 7 days.

This quick process is perfect if you need to move soon or want to avoid being stuck in a long chain of buyers and sellers. We have the cash on hand so don’t need to wait for mortgages or a chain to collapse. 

Guaranteed Sale

Did you know 1 in 3 sales fall through on the open market?

We know how frustrating it is to get 6 months into a process and have a buyer pull out.

When we give you the final price for your house, that’s the amount you’ll get. Guaranteed!

No Costs 

You won’t face any costs with us.

We handle all the expenses involved in buying your property, including legal fees and surveys. You get cash in your bank when the sale is complete, and there are no surprise estate agent commissions to worry about.

No Stress Or Hassle

Our team supports you through the whole selling process.

We keep you updated about what’s happening and answer any questions quickly. You’ll always understand what’s going on with your sale and what happens next.

Free Property Valuation 

Our property experts will value your house at no cost to you.

They look carefully at your property and check local market prices to give you an accurate figure. This professional service comes with no obligations.

No Viewings Required

Forget about cleaning and tidying for viewings.

We don’t need multiple visits or open houses to make our offer. This means no strangers walking through your home, and no disruption to your daily life.

All Properties Welcome 

Whether your house needs work or is in perfect condition, we’ll buy it.

We have experience with all types of properties and conditions. This means you can sell your house to us no matter what state it’s in.

Professional Legal Service 

Our expert team manages all the legal requirements for you.

We work with experienced property lawyers who make sure everything runs smoothly, and put your property at the top of their list. This gives you peace of mind that your sale is being handled properly from start to finish.

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