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No building regs on house we are selling

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  • our solicitor had already offered the imdemnity policy to the buyer and she refused it and it was he who advised us to apply for a completion certificate...the house itself is 35 years old, the extension 8..

    we are taking legal advice re suing our former solicitors

    our only option seems to be, to recity the points raised and get it signed off
  • ab7167
    ab7167 Posts: 680 Forumite
    Ok.

    Well, the first thing you need is a list of what the BCO requires to be done to issue a retrospective completion certificate.

    Employing an architect may not be a bad idea, they are usually pretty clued up on what is required for Building Regs approval. However, it may not be cheap.

    Have they said HOW the rafters do not comply? Do they mean that they are structurally unsafe, or is there some other issue?

    While they may not strictly comply with the sizes set out in the BR Approved Documents, you may be able to ask a structural engineer to look at them and see if she can get them to pass. The BCO may accept calculations that prove that what is there is compliant with any relevant British Standards.

    Alex

    The people who mind don't matter, and the people who matter don't mind
    Getting married 19th August 2011 to a lovely, lovely man :-)
  • It would seem that the wrong size rafters were used..the builder indicated a different sized rafter on the drawings and the measurements a width of 2.5 m, he has actually used c16 47m by 100m rafters which should have a clear span of no more than 2.36, unfortunately the clear span is more as the width alone is 2.5, so they are saying..prove they are ok, or rectify it..Ive spoken today with a local architect who says its not really their filed and referred me to an engineering firm....goodness knows how much all this is going to cost..we were actually selling because we couldnt meet the mortgage payments:confused:
  • puddy
    puddy Posts: 12,709 Forumite
    how would your solicitors have known there was a problem if the extension was self built and your survey didnt pick up that there was a problem? on what basis would you sue the solicitors? did the seller tell you that he had building regs etc when you bought it??
  • silvercar
    silvercar Posts: 49,582 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    A similar thing happened to us on the house we were buying. In order to get the extension (built 2 years previously) signed off, extra beams were needed in the loft. The sellers couldn't afford the cost and found structural engineers that were happy to do the work and be paid from the purchase price of the house. The sellers solicitor I think gave an undertaking to pay them the cost from the completion funds.
    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.
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    It would seem that the wrong size rafters were used..the builder indicated a different sized rafter on the drawings and the measurements a width of 2.5 m, he has actually used c16 47m by 100m rafters which should have a clear span of no more than 2.36, unfortunately the clear span is more as the width alone is 2.5, so they are saying..prove they are ok, or rectify it..Ive spoken today with a local architect who says its not really their filed and referred me to an engineering firm....goodness knows how much all this is going to cost..we were actually selling because we couldn't meet the mortgage payments:confused:

    Is this a flat roof?
    I've got a bungalow with a 30 degree pitched roof, strutted down to a "central" internal wall. It is built of 4" x 2" common rafters with their feet tied with the self same 4" x 2" on 24" centres (ie 2 foot between each triangle). My roof is interlocking concrete tiles (These replaced slates and required the insertion of a purlin and the struts down to the central internal wall)

    My front rooms are over 3 meters wide.
  • Jenner

    They had to apply for planning permission and at the end of the day, our mortgage company asked the solicitors at the time to ensure all relevant certificates were in place, ie planning consent, building regs etc.

    John..no its a pitched roof..but it would appear that the gradient of the rafters is too much, so we may have to install extra purlins
  • obviously there are lots of other factors too.
    They want confirmation that radon protection measures are in place
    cavatity wall damp trays put in
    the whole of our garage boarding out
    replacement glass in the garage doors
    an external air ducting system for the cooker hood
    modifications to the window in the 4th bedroom
    a wired smoke alarm system installing
    modifications made to the drains
  • m_13
    m_13 Posts: 990 Forumite
    obviously there are lots of other factors too.
    They want confirmation that radon protection measures are in place
    cavatity wall damp trays put in
    the whole of our garage boarding out
    replacement glass in the garage doors
    an external air ducting system for the cooker hood
    modifications to the window in the 4th bedroom
    a wired smoke alarm system installing
    modifications made to the drains
    Quite a list!

    I think they are being extremely unreasonable.
    Wired smoke alarms should be fitted if a house is rewired but there's no requirement.
    Are you in an area of high Radon?
    Why do they want the garage boarding out?
    Cooker hoods don't have to be ducted outside although it's best but there's no requirement to do so.
    What's the matter with the window in the fourth bedroom (in their view)
    What do they want you to do with the drains?
    Replacement glass in the garage doors?

    Sounds like they don't really want your house but a completely different one!
  • sorry..should have clarified..this the work that building control have asked us to do in order to get the work signed off
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