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Building regs palava
CJay_2
Posts: 9 Forumite
Hello all
Wonder if anyone can offer any advice as I am in a right pickle.
Last year I had my roof re-tiled, and a small flat roof at the top of the building re-covered. The roofer thought that building regulations were not needed.
Now I am trying to sell my flat and the buyer needs a 'regularisation' certificate. Unfortunately the council won't supply this as they say insulation should have been placed in the roof, according to 2002 building regulations. So, no sale of my flat! And the prospect of a massive amount of work needed.
Speaking to the roofer, he is still not certain that approval is needed, since he didn't expose the areas that would need insulation - as I understand it he re-tiled, and used like for like materials, etc.
I am wondering if it is right that insulation is needed and if we have a case to argue with the council. Are there any experts out there? Should I speak to a surveyor? Where is the best place to find a surveyor who will give advice?
Any help would be fantastic! - Thanks.
Wonder if anyone can offer any advice as I am in a right pickle.
Last year I had my roof re-tiled, and a small flat roof at the top of the building re-covered. The roofer thought that building regulations were not needed.
Now I am trying to sell my flat and the buyer needs a 'regularisation' certificate. Unfortunately the council won't supply this as they say insulation should have been placed in the roof, according to 2002 building regulations. So, no sale of my flat! And the prospect of a massive amount of work needed.
Speaking to the roofer, he is still not certain that approval is needed, since he didn't expose the areas that would need insulation - as I understand it he re-tiled, and used like for like materials, etc.
I am wondering if it is right that insulation is needed and if we have a case to argue with the council. Are there any experts out there? Should I speak to a surveyor? Where is the best place to find a surveyor who will give advice?
Any help would be fantastic! - Thanks.
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Comments
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No so long as like for like was used and nothing was done to the roof structure, there is no need to conform to any later building regs.
The building regs are all here Part L of the approved documents is what you want , this relates to the conservation of energy. There are two parts one for new and one for existing buildings.
They can be found here in the planning and building setion http://www.communities.gov.uk/corporate/0 -
You should be able to take out an indemnity policy to cover your buyers in case the council took action.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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I know this doesn't help but I wish the council/conveyncers had been this prudent/competent during my transaction -although a purchase. This looks to be easily rectified more of an inconvenience than a pickle! trust me.
Hope it's sorted quickly and your back on the market x
(sorry I know not very helpful, I just wanted to let you know it's not all that bad)
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Thanks for all the advice - that's really helpful.
Have spent the weekend reading the regulations and no, I don't believe approval is needed under the 2002 regulations. Although it may well have been needed under 2006 regs.
So I am speaking again to the council and hope to sort this out. This would really have been major work needed - there is no roof space so I am told that all the tiles would have to come off again and the insulation would have to be inserted under or between the joists.
Incidentally, the buyer said that indemnity insurance would not cover this, because the council had been informed of the work. (?)
Thank you all!0 -
sorry for my ignorance but what is indemnity insurance in relation to building regs and planning 0
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CJay just out of interest how did the council become involved in this in the first place it sounds like a simple re-roof.0
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selectcase wrote: »sorry for my ignorance but what is indemnity insurance in relation to building regs and planning
Its an insurance policy that pays out if the council take action to enforce you to carry out work when the work doesn't have a certificate.
In practice its worthless as the council can't take action after 12 months for building regs and 4 years for planning and the policies can only be issued after these times have elapsed. It does give peace of mind to buyers and their solicitors though.
The policy is also invalidated if you tip of the council that illegal work was done and it doesn't pay for ths cost of putting shoddy work right.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
CJay just out of interest how did the council become involved in this in the first place it sounds like a simple re-roof.
The buyer's solicitor asked for a regularisation certificate. I was not sure it was needed, so I called the council and they said it was. I thought regularisation would be straightforward and didn't realise the act of applying would invalidate indemnity insurance... needless to say I have learnt a lot of valuable things throughout this process that I didn't know before...0 -
CJAY I am meeting building control this afternoon so will ask for you.
CJay just spoken to my man at building control have some info that may be of interest, you should be ok with this its a bit long winded probably easier to explain over the phone PM me your number and I will give you a call.
Regards
Gareth
CJay Have sent you a PM.0 -
Hello - thought I would post an update on this.
Firstly I was very, very, very grateful for the help and advice from Chappers - thanks again.
After a lot of discussion, the council has decided that the work should go ahead if I want the certificate necessary to sell my flat. This means that insulated plasterboard should be put into the sloping walls (which means most of the walls of my small, attic flat) and ceiling, and insulation into the rafters of the flat roof (since I have no roof space), with a vent for ventilation.
I think I have exhausted all avenues and all hope of avoiding this, so looks like I will have to do this work in order to sell. Even though I believe it is unlikely that the council would prosecute.
Ironically, the original tiling work did not go as deep as the rafters so I am hoping that the new insulation work won't expose further work needed due to water leakage, etc. - the original reason for doing the tiling.
Mainly, this could be a warning to anyone doing work on any of the 'thermal elements' of your property. This means walls, ceilings, roof. Building regulations now apply, since 2006. You may think, and the person doing the work may think: a minor bit of re-tiling. But not if it is more than 25% of the roof. I believe, even if you plaster more than 25% of your walls, officially you should now use insulated plasterboard.
So. I learnt a few things.......
CJay
PS - yup, palava should be palaver. I know a bit about palavers now...0
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