What a "Hidden House" Planning Dispute Can Teach Homeowners About Property Transactions

A recent BBC story about a farmer facing enforcement action over a home built inside an agricultural barn has attracted plenty of attention.

The case itself is centred on planning permission and enforcement, and there will undoubtedly be differing views on the circumstances involved.

However, it also highlights something we regularly see in property transactions: issues that may not seem important at the time can become significant problems years later.

Property Issues Have a Habit of Reappearing

When carrying out improvements to a property, it's easy to focus on the finished result rather than the paperwork behind it.

An extension is built. A loft is converted. A garage becomesa home office.

Life moves on and the work becomes part of the property.

The difficulty often arises when the property is later sold.

That's when buyers, lenders and solicitors start asking questions about planning permission, building regulations and whether the appropriate approvals were obtained.

Will Missing Planning Permission Stop a House Sale?

Not necessarily.

Many transactions involving missing planning documents or building regulation approvals still proceed successfully. However, unresolved issues can lead to additional enquiries, delays and sometimes difficult conversations between buyers, sellers and mortgage lenders.

In most cases, solutions are available. The important point is that these issues are usually easier to deal with when they are identified early rather than towards the end of the transaction.

What Do Solicitors Check?

One of the roles of Burtons as your Solicitor is to investigate matters that could affect a property's value, market ability or future use.

This often includes reviewing:

• Local authority search results
• Planning history
• Building regulation approvals
• Property information provided by the seller
• Any issues that may concern a buyer or mortgage lender, such as lack of consent from planning or relating to a Restrictive Covenant.

The aim is not to create obstacles but to ensure that you don’t have a nasty surprise further down the line.

Why Early Advice Matters

One of the most common assumptions property owners make is that a historic issue will never come to light because the work was carried out years ago.

In reality, many planning and building regulation concerns are first identified during the conveyancing process.

By that stage, a buyer may already be emotionally invested, a chain may be in place and moving dates may be approaching.

Addressing potential issues before a property is marketed can often save time, stress and expense later.

A Useful Reminder for Buyers and Sellers

The BBC story is an extreme example, but it serves as a useful reminder that property ownership is about more than bricks and mortar.

The legal history of a property matters too.

Whether you are buying your first home, selling a property that has been in the family for years, or purchasing a property that has been altered by previous owners, understanding the planning and building regulation position is an important part of protecting your investment.

At Burtons Solicitors, we regularly help buyers and sellers navigate these issues as part of the conveyancing process, providing clear and practical advice so there are fewer surprises further down the line.

Frequently Asked Questions

Can I sell a house without planning permission?

In many cases, yes. However, buyers and mortgage lenders may want additional information about any works carried out and how they were authorised.

What happens if building regulation certificates are missing?

The options available will depend on the nature and age of the works. Your conveyancing solicitor can advise on the most appropriate course of action.

Do conveyancing solicitors check planning permission?

As part of the conveyancing process, solicitors review search results and investigate issues that may affect the property or concern a buyer or lender.

Can planning issues delay a property transaction?

Yes. Missing documentation, unresolved enforcement matters or uncertainty about alterations can all lead to additional enquiries and delays.

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Need Help?

Whether you're buying your home, selling a property, or dealing with planning permission or building regulation concerns, our experienced conveyancing team is here to help.

To discuss your property transaction or request a personalised conveyancing quote, please fill out our enquiry form and a member of our team will be in touch.

Alternatively, you can contact us on 01892 824577 or visit one of our offices in Pembury (Tunbridge Wells), Bexley, Walderslade, Chatham or Hailsham.