As Matt says a nice dilemma to have!
Ok I have sold many properties over the years that have had major work done but didnt have the correct permissions or building regs in place at the point of sale many years down the line and as long as it is handled correctly then it should not be a problem for a buyer.
I would ask an architect to have a look first (most will give you an initial consultation FOC) where they will tell you whether you need planning permission or whether building regs only are required and then I would take a free consultation with a solicitor and ask them about the implications as whilst not a lawyer it's not normally the thing a council randomly check unless they are made aware and after x years (4 years) http://www.gardandco.com/conveyancing/planning-permission.html then they cannot ask you to take the property back to it's initial form however you will still need to sort things out for your buyer which should be done at the outset.
Once you are under offer you should through the agent make them aware and offer to cover the cost of an indemnity insurance policy (We have done these for clients with similar problems) and the policy covers the buyers against the council coming back after them once they have completed but you shouldnt contact the council to ask for retrospective planning permission as then an indemnity policy wouldnt cover you as you have made the council aware of the problem so if you dont want to wait for retrospective permission (could be you or your buyers are in a rush) then offering a insurance policy at the cost of around £300 inc vat should suffice.
I would also consider the capital growth in terms of the risk involved as adding an extra room in London or surrounding should add anything from £20-30k (maybe more but thats a question for your agent in that area) I would imagine.
The indemnity insurance question is probably a good one to ask the solicitor as well imo but they are ten a penny as are used for people who knocked through a wall from lounge to dining room to have a through lounge but needed building regs through to if you could replace your own windows but are not fensa registered and people who did extensions, added conservatories etc.
Ok I have sold many properties over the years that have had major work done but didnt have the correct permissions or building regs in place at the point of sale many years down the line and as long as it is handled correctly then it should not be a problem for a buyer.
I would ask an architect to have a look first (most will give you an initial consultation FOC) where they will tell you whether you need planning permission or whether building regs only are required and then I would take a free consultation with a solicitor and ask them about the implications as whilst not a lawyer it's not normally the thing a council randomly check unless they are made aware and after x years (4 years) http://www.gardandco.com/conveyancing/planning-permission.html then they cannot ask you to take the property back to it's initial form however you will still need to sort things out for your buyer which should be done at the outset.
Once you are under offer you should through the agent make them aware and offer to cover the cost of an indemnity insurance policy (We have done these for clients with similar problems) and the policy covers the buyers against the council coming back after them once they have completed but you shouldnt contact the council to ask for retrospective planning permission as then an indemnity policy wouldnt cover you as you have made the council aware of the problem so if you dont want to wait for retrospective permission (could be you or your buyers are in a rush) then offering a insurance policy at the cost of around £300 inc vat should suffice.
I would also consider the capital growth in terms of the risk involved as adding an extra room in London or surrounding should add anything from £20-30k (maybe more but thats a question for your agent in that area) I would imagine.
The indemnity insurance question is probably a good one to ask the solicitor as well imo but they are ten a penny as are used for people who knocked through a wall from lounge to dining room to have a through lounge but needed building regs through to if you could replace your own windows but are not fensa registered and people who did extensions, added conservatories etc.
Thanks Rich. I've read the info on the gardandco page, and there's a couple of points that arise:
1. The 4 year "limitation clause" suggests that as long as the council are unaware of the conversion, and that permission is not actually applied for, the works can stand. However what's the process for getting the deeds to match the property particulars? There's also a suggestion that the council still has the right to demand restoration even after 4 years have passed and they knew nothing of the changes. Or have I misunderstood?
2. Interestingly, the grant application is through the local council "Grants Team, Private Housing Services" (Brent). There are loads of forms to complete, so I haven't yet looked at the detail, but I'm supposing that somewhere in there they'll be asking about the number of rooms in the property. Thus, by default, the Council will at least be indirectly aware of the proposed change in configuration. Critically, this means that the Planning Indemnity Insurance policy becomes invalidated. On top of this, my agent charges a 10% fee for 'handling' the grant application (though I believe it's me who has to fill in all the forms), so I'll be getting a net £2,700 (his estimate) at the end of the process.
Is this now sounding too complicated & risky a process?
The Building Regs vs Planning Permission sounds like the best possible route, so I will endeavour to consult a local architect on the matter in the coming days.