How to Sell a House Without Planning Permission

You can sell a house without planning permission in the UK. But — and it’s a big but — the lack of planning consent for extensions or alterations can cause more than a few headaches.

It can put off buyers. It can delay conveyancing. And in some cases, it can knock thousands off your asking price.

That’s why in this post, we’re going to walk you through everything you need to know. Whether you’re dealing with a rogue loft conversion, an unauthorised conservatory, or missing paperwork from a decade ago — we’ll explain how it affects your sale and what you can do about it.

Here’s what we’ll cover:

What planning permission is — and when it applies
The legal position: can you sell without it?
Real scenarios that cause buyer panic
How to fix the issue (or work around it)
What indemnity insurance is — and why it matters
Why cash buyers (like us) often don’t bat an eyelid
And a step-by-step guide to get your sale over the line — even if the paperwork’s a mess

Ready? Let’s get into it.

What Is Planning Permission?

Definition and Purpose

Planning permission is formal consent from your local council to carry out major work on a property.

That includes:

Extensions (side, rear, double-storey, etc.)
Loft conversions with dormers
Garage conversions
Change of use (e.g., residential to commercial)
Significant alterations to listed buildings or buildings in conservation areas

The goal is to make sure new developments are safe, appropriate for the area, and compliant with local planning policies.

When It’s Required (And When It’s Not)

Now, not every job needs planning permission.

Some smaller works fall under what’s called permitted development rights. These allow you to do things like:

Convert your loft (within size limits)
Build a single-storey rear extension (within limits)
Add outbuildings like sheds or summerhouses

But, and this is crucial, there are limits and conditions. Break those, and you’re in breach. Plus, permitted development rights don’t always apply to:

Flats or maisonettes
Properties in conservation areas
Listed buildings
Homes where those rights have been removed

Also, internal changes (like moving walls or updating the kitchen) don’t usually need planning — but may need Building Regulations approval.

And if work’s already been done without permission? Retrospective planning applications can be made, but approval isn’t guaranteed.

Pro Tip: Check your local council’s planning portal or the Planning Portal website if you’re unsure.

Selling a House Without Planning Permission: The Legal Position

Can You Sell Without It?

Legally? Yes. There’s no law stopping you from selling a home without planning permission in place.

But that doesn’t mean it’s smooth sailing.

Here’s why:

If any unauthorised works have been carried out, buyers and their solicitors will want answers.
Lenders might refuse a mortgage unless the issue is resolved or covered with indemnity insurance.
If you fail to disclose known breaches, you could face a claim for misrepresentation down the line.

The bottom line? Just because you can sell doesn’t mean it’ll be easy — especially if you want a full market price.

Planning Enforcement Risk

This one catches a lot of people out.

Even if you’ve lived in the property for years without issue, local authorities can still take enforcement action for unauthorised development. Here’s the rule:

For building works (e.g., extensions or garage conversions), the time limit is 4 years.
For change of use (e.g., turning a house into flats), the limit is 10 years.

That means if your dodgy loft conversion is under 4 years old, it’s still fair game for enforcement — and that liability passes to the new owner if it’s not resolved.

So if you’re selling, it’s in your best interest to either regularise the work or be completely upfront and proactive with your buyer.

Common Scenarios That Cause Issues

Unauthorised Extensions or Loft Conversions

Let’s say you had a rear extension built a few years ago — no permission, no Building Regs, no sign-off.

You might be thinking: “But it’s solid — what’s the problem?”

Well, buyers might not see it that way. They worry about:

Structural integrity
Fire safety
Mortgageability
Re-sale complications

And that can kill deals fast.

Missing Building Regulations vs. Planning Permission

Important distinction: planning permission and building regulations are not the same.

Planning looks at how a building looks and fits in with its surroundings.

Building regs check how safe, strong and functional the work is.

You might have one, but not the other. And from a lender’s perspective? Missing building control approval is often more serious than missing planning consent.

Garden Buildings or Garage Conversions

Another common one — the ‘granny annexe’ or garden office built during lockdown.

These often fall under permitted development — but not always.

If it’s used as a separate living space, or it’s too big, too close to boundaries, or built in a conservation area, you might need planning permission.

And if you don’t have it? Expect questions during conveyancing.

Options to Resolve Planning Issues Before Selling

Apply for Retrospective Planning Permission

If you’ve done work without permission, applying retrospectively is an option.

Pros:

You might get it approved, which puts buyers at ease.

Cons:

It could be refused.
The council might demand changes — or worse, demolition.
It could delay your sale by weeks or even months.

Tip: If you’re mid-sale, think very carefully before triggering council interest — once they know about unauthorised works, indemnity insurance may no longer be an option.

Apply for a Lawful Development Certificate (LDC)

An LDC is proof from the council that your unauthorised development has become lawful due to the passage of time:

4 years for building works
10 years for changes of use

It’s not planning permission, but it’s just as powerful in the eyes of many buyers — and mortgage lenders.

If your extension or conversion has been standing for long enough without complaint, applying for an LDC is often a smart move.

Take Down or Modify the Works

This one’s usually a last resort — but if planning permission is refused, and you can’t get an LDC, removing or altering the unauthorised part might be the only way forward.

Obviously, it’s expensive. And it’ll delay things. But in some cases, it’s better than a collapsed sale.

Indemnity Insurance: A Practical Workaround

What It Covers

Indemnity insurance is the go-to fix for many planning issues. Here’s what it does:

Protects the buyer and their lender against enforcement action from the local authority
Applies only to existing breaches — not future development
Often costs less than £200 and can be arranged in a day

And importantly — it’s accepted by most mainstream lenders.

Conditions for Use

There’s one major catch: you must not contact the council before getting the policy.

The moment you raise the issue with the planning office, insurers will usually refuse to offer cover.

So if you’re planning to go down this route — do it before making any formal applications or enquiries.

Also, indemnity insurance doesn’t “fix” the planning issue — it just covers the risk. But for many buyers and solicitors, that’s enough.

How Planning Problems Affect the Sale Process

Impact on Value and Marketability

Selling a house without planning permission will almost always limit your buyer pool.

Why?

Most buyers rely on mortgage finance — and lenders don’t like legal grey areas.
Even cash buyers will often want a discount to reflect the risk.

Depending on the scale of the issue, you might see:

5–15% knocked off your market value
A longer time on the market
More fall-throughs during conveyancing

That’s why it’s key to be upfront and strategic about how you market your property — or who you market it to.

Conveyancing Delays and Renegotiations

Here’s how it usually plays out:

Buyer agrees a price.
Surveyor or solicitor spots missing planning documents.
Alarm bells ring.
Buyer asks for a price reduction or pulls out altogether.

That back-and-forth can drag on for weeks. And if you’re in a chain? It puts everything at risk.

Proactive sellers can avoid this by:

Getting indemnity insurance ready in advance
Preparing an LDC application
Or marketing to buyers who don’t need a mortgage

Which brings us to…

Selling to a Cash Buyer: The Hassle-Free Route

Why Cash Buyers Don’t Worry About Planning Permission

Cash buyers aren’t beholden to banks, mortgage lenders, or underwriters.

That means:

They can assess risk themselves
They’re often more experienced
They’re not fazed by missing paperwork or unusual situations

In fact, many cash buying companies (like us) specialise in these kinds of sales.

Benefits of Selling to Property Rescue

At Property Rescue, we buy properties in any condition — including those with:

Missing planning permission
Unauthorised extensions or conversions
Building regulation issues
Title complications

Here’s what you get:

A guaranteed cash offer (no obligation)
Legal fees covered
No need for surveys or repairs
Fast exchange of contracts
No estate agents, no chains, no stress

If you just want out — fast and fair — we’re here to help.