Recent news coverage has highlighted a distressing situation for a homeowner who has been ordered to demolish a substantial extension to her home - despite having relied on assurances from her builder that planning permission was not required. The extension must now be taken down almost immediately following enforcement action by the local council.
Recent news coverage has highlighted a distressing situation for a homeowner who has been ordered to demolish a substantial extension to her home – despite having relied on assurances from her builder that planning permission was not required. The extension must now be taken down almost immediately following enforcement action by the local council.
Senior Associate Solicitor Caroline Grundy looks at what went wrong, and how homeowners and buyers can avoid being put in a similar situation.
From a property solicitor’s perspective, this case serves as a stark reminder of why thorough legal enquiries into alterations and extensions are not just a box‑ticking exercise, but a vital part of protecting purchasers from serious financial and emotional consequences.
What went wrong?
In this case, the homeowner invested significantly in replacing an existing structure with a large extension. She has said she was advised by her builder that planning consent was not needed. However, the local authority later determined that the works required permission and issued an enforcement notice requiring demolition.
Planning enforcement action can be taken long after works have been completed, the time limit for enforcement has recently increased from four years up to ten years, and responsibility ultimately rests with the property owner – not the builder who carried out the works or provided informal advice.
Why builders’ assurances are not enough
One of the most common issues we encounter in residential property transactions is reliance on informal advice. Builders and contractors may genuinely believe works fall within permitted development rights, but they are not responsible for ensuring compliance with planning law.
Only the local planning authority can confirm whether planning permission is required and whether works have been lawfully carried out. If permission is missing or conditions have been breached, councils have wide‑ranging enforcement powers, including requiring unauthorised structures to be removed.
The role of a property solicitor – and why future‑proofing matters
When acting for a buyer, our role is not just to facilitate a transaction, but to future‑proof our clients’ ownership of the property.
Where a property has been extended or altered, we raise detailed enquiries and request clear evidence of compliance, including:
- Planning permission or confirmation that the works were permitted development
- Building regulations approval and completion certificates
- Any relevant guarantees, warranties or sign‑offs
This is about protecting buyers not just on completion, but years down the line. A lack of proper documentation can cause serious problems when a property is later sold, remortgaged or subject to local authority scrutiny. Our enquiries are designed to ensure that buyers are not inheriting a hidden risk that could resurface in the future.
The risks of getting it wrong
As this case demonstrates, the consequences of non‑compliance can be severe. Homeowners may face:
- The cost of demolishing or altering the structure
- Legal and professional fees
- Stress and disruption to family life
- Reduced property value or difficulties selling in the future
In some cases, unresolved planning issues can also affect mortgageability, limiting a homeowner’s options and financial security.
A clear lesson for homeowners and buyers
This situation reinforces an important message: never assume that works are compliant simply because they have been completed or because someone involved has said permission is not required.
Where you are purchasing a property that has already been altered, proper legal checks are essential. Our role as legal experts is to ask the right questions, identify potential risks and help ensure that your home – and your investment – is protected for the long term.