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Retrospective Building Regulations vs Indemnity Insurance

2

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  • The only real way to 'fast track' a Regularisation Certificate would be to go with an Approved Inspector instead of the local authority. This could allow you to speak with the company before hand to get a better idea of timescales etc. The local authority will just give you their standard time frames.

    To my knowledge regularisations can only be dealt with by the Local Authority Building control. Not sure why people are pointing op towards approved inspectors.
  • lincroft1710
    lincroft1710 Posts: 17,636 Forumite
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    The question you need the answer to, when BR not obtained is Why?

    Was the vendor too mean (BR costs), but it may or may not have been built in accordance with BR? Did he do it on the cheap, so did not have it built in accordance with regs? Was his builder a cowboy, who ignored BR?

    The roof ventilation not being compliant is a worry, unless relevant regs changed since 2013.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Braboor
    Braboor Posts: 32 Forumite
    Was his builder a cowboy, who ignored BR?

    I did get to speak to the builder (as his invoice was included in some paperwork). I asked him why he has no 'internet presence' (as I had previously searched his name) & he said all his work comes 'word of mouth'. The invoice was surprisingly cheap but did not specify if it were for the complete works.
  • Braboor
    Braboor Posts: 32 Forumite
    edited 11 June 2017 at 8:09PM
    Above the softwood rafters there is a breathable type modern underlay ...we further note that there is insulation evident in the sloping ceiling section but we could not see ventilation gaps (minimum 25mm) between the top of the insulation and underside of roof underlay as is required by the Building Regulations. (surveyor)

    ...I have read that if the underlay is breathable ...the ventilation gap is not required. Confused.
  • lwhiteman88
    lwhiteman88 Posts: 106 Forumite
    To my knowledge regularisations can only be dealt with by the Local Authority Building control. Not sure why people are pointing op towards approved inspectors.

    You're quite right. Luckily none of my projects have to taken regularisation route which was why I didn't consider this.

    I did help out one person with some drawings. They had applied for a regularisation certificate for a loft conversion they did and it was very onerous. Not only did they need to open up a lot of the conversion but they also needed the drawings to support the findings which was an added cost.
    Braboor wrote: »
    ...I have read that if the underlay is breathable ...the ventilation gap is not required. Confused.

    I think its a bit difficult to comment on this without inspecting properly as there could be other reasons for requiring the air gap. i.e. is there 50mm air gap between membrane and tiles, is it connected to another part of the roof which requires venting etc. Your surveyor should know the requirements but if you are unsure on what they have advised I would ask them. However as we have said this could just be 1 issue which was visible.
  • jbainbridge
    jbainbridge Posts: 2,014 Forumite
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    Given the age of the work no enforcement action can now be taken. The only reason the council could have for action would be safety related, no one will be bothered about an air gap.

    That said, you should satisfy yourself that the foundations are ok ... though your surveyor seems happy enough? If you don't need a mortgage and are happy ... crack on.
  • sparky130a
    sparky130a Posts: 660 Forumite
    Look, it's quite simple.

    BR are not the elephant in the room.

    The foundations are.

    A man with a clipboard won't save your property in 10 years time when it collapse's/has subsidence ....

    A man with a 1.5T digger and a shovel might just prevent that ever occurring.

    But do you (And the vendor) want the hassle... ?
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    First Post Combo Breaker
    Braboor wrote: »
    I don't know if it makes any difference but the existing walls were the solid rubble type (circa 1850) 500mm thick.

    Do you know what materials were used to construct the walls of the first floor? Brick/Block/Timber?

    Likewise, what is the roof covered with? Is it tiles, slates, or something else?
    "In the future, everyone will be rich for 15 minutes"
  • lwhiteman88
    lwhiteman88 Posts: 106 Forumite
    Given the age of the work no enforcement action can now be taken. The only reason the council could have for action would be safety related, no one will be bothered about an air gap.

    That said, you should satisfy yourself that the foundations are ok ... though your surveyor seems happy enough? If you don't need a mortgage and are happy ... crack on.

    I don't think enforcement action is the concern. However getting approval from building control would give the OP a piece of mind that the whole extension has been built properly. Things like no air gap may seem minor but they are the main causes of damp/condensation.

    The scale of the work seems quite small so I agree that these issues could never arise but it's still an unknown. Digging a small trial pit to see the foundations would be a half days work with a shovel and then maybe pay an hour of an engineers time to visit/comment. The regularisation certificate could be done after you have exchanged and then you can take your time to fix any minor issues if you decide to sell.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Braboor wrote: »
    I don't know if it makes any difference but the existing walls were the solid rubble type (circa 1850) 500mm thick.
    So it's more than likely they were laid on a foundation somewhat less than that which would be required today.

    We can assume that the walls built then had settled by 2013, but we can't be sure that they might not move again as a result of extra loading, perhaps only under extreme conditions, such as the excessive rain in winter 2012.

    But it's still not that simple, because the underlying rocks might play a part. When my BiL was working on his barn conversion in 2010, he was told to go down 1m, but hit bed rock ataround 500mm, so that instruction had to be revised.

    Without inspection pits it's a gamble. My last house had less than 300mm of foundations on clay and shale. It had moved, but there was no sign of it falling down as a result of the shallow footings.
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