No building regs on house we are selling

m_13

Good grief! On something built in 2001?

For something built in 2001 you should only have to comply with 2001 standards. I recognise the issues with roof timbers being the wrong size. We lived on a very windy hill when we built an extension on a previous house and we were made to have huge roof timbers to be able to stand up to the wind (they really wanted us to have glulam but they were too expensive) and stop the roof twisting. However, I'm almost certain they can't make you bring a 2001 extension up to 2009 standards. If that were the case then people would be having to update their houses to new standards all the time and they aren't.

I'd consult a good Architectural Technician to do the negotiating for you. We didn't want trickle vents in the windows facing the wind in our extension and this was agreed. However, our AT then didn't put cavity trays in the old outside wall on the drawings, building control didn't insist either and the rain came in Had to be done after the extension was built with a great deal of disruption and leaving a large lead 'scar' down the outside wall.

Erica_Norman

apparently, these were regulations in 2001

we dont have cavity trays either, but weve never had a problem, however building control are insisting on them...I think we can say bye bye house sale..we are devastated as we simply cant afford all this work and were selling in order to escape the mortgage..hubby has suggested just letting the mortgage company re posses

Poppy9

My sister recently had trouble with BCO over her extension but they didn't say they didn't like the roof structure until after it was finished even though they had seen it at stages. Her builder re-did it at his expense luckily but my sister had mess for months as they tried to work out how they could comply with BCO requirement without replacing roof windows, patio doors etc.

Just a thought, when you originally bought your house did your solicitor charge you for indemnity insurance which may cover you now?

Erica_Norman

no, we were never took out an imdemnity policy

FilthyLuka

Erica_Norman wrote: »

obviously there are lots of other factors too.
They want confirmation that radon protection measures are in place - to protect people in your building from dangers of radon
cavatity wall damp trays put in - often part of the radon precautions, also to stop damp coming in
the whole of our garage boarding out - probably to meet the minimum fire resistance needed between a house and a garage
replacement glass in the garage doors - would this be safety glass that is needed to avoid people getting nasty cuts
an external air ducting system for the cooker hood - all kitchen extensions need mechanical extract to outside and has been a requirement since at least 1995 if not before
modifications to the window in the 4th bedroom - probably an 'escape sized window' which has been required to 1st floor bedrooms since 2000
a wired smoke alarm system installing - this would be required if you have 'inner rooms' but may not have been required in 2000 if you don't have inner rooms (but is currently required in many circumstances)
modifications made to the drains - I assume the layout is poor?

TBH these items do sound fair and in accordance with the regulations in place at 2001 and alot of them are very basic and essential provisions that would be expected in a modern extension. A certificate should not be issued to say that the work complies with the regulations util the works actually do comply. Did you contact the council or did they just show up?

I would be confident that a competent structural engineer would be able to calculate the rafters to work if the span is 2.5m and the 100x50mm are @ 400mm c/c

The only point raised that might be questionable would be the smoke alarm system which might not have been a requirement at the time of construction (but would be a good idea, especially after seeing poor peter and his boy stuck intheir flat on Corrie just now - if they had detactors they would have woken him up)


It sounds like the original owner/builder made an application to the council at the time of construction so it would not be possible to have an indemnity policy due to the fact that the council are aware of the work. Indemnity policies generally only protect the future owner from prosecution by the council, it doesn't mean the work is certified or safe

Erica_Norman

we understand why things are being asked for and are not refusing to do them
we are not in a high risk radon area and have checked with the British Geological Survey who say that in our area, basic protection is what is required, so we are keeping our fingers crossed that the DPM is in place.
The damp trays they are asking for are in the original house wall at the top where the extension meets it
annoyingly..the window opens out to 87 degrees instead of 90 so you can climb out of it easily..im not sloim and I can get out of it!..sadly it doesnt comply though
It doesnt look as though they did the drains properly unfortunately
essentially its a nice extension, but there seems to be a lot of corner cutting.
The glass in the garage doors is at the top, but thats easiliy solved with safety film.

There are smoke alarms installed, but not wired ones

We contacted the council because we discovered only last week that there were no building regs on it

The main thing for us is to try and get it done and signed off but we are realistic and realise that the sale will fall through...we are understandably upset that we are very out of pocket due to a solicitor not checking for vital certificates

FilthyLuka

If the window opens 87 degrees instead of 90 degrees I think thats a bit harsh. It does need to give a minimum opening width of 450mm clear and approx 750mm high (or vice versa)

If the glass in the garage doors is over 1.5m from ground level then safety glass would not be required

Erica_Norman

we have received notification from our former solicitors who have denied all responsibility saying that when the vendors filled out the property information pack, they did not declare the extension..they are suggesting our course of action should lie with the ven dors solicitors..we really dont know which way to turn

Poppy9

Erica_Norman wrote: »

we have received notification from our former solicitors who have denied all responsibility saying that when the vendors filled out the property information pack, they did not declare the extension..they are suggesting our course of action should lie with the ven dors solicitors..we really dont know which way to turn

What about the survey you had done when you bought the house. Did it mention there that there was a recent extension.

I think there is a body that covers solicitors so you could contact them for advice as to who your recourse is with.

silvercar

I think there is a body that covers solicitors so you could contact them for advice as to who your recourse is with.

its the Law Society. You have to have exhausted the in-house complaints procedure first, so your action is to follow their own complaints procedure.

Go back to stage 1, did you have a survey on the property when you bought it? Did it state that you should ask your solicitor to check that all the correct approvals were in place? Did you ask your solicitor and did he do this?

You can't take action against your vendor's solicitors as they had no contract with you. In theory you could sue your vendors if they had given false information, but I doubt that their info is the problem here. The problem lies in what action you, your surveyor and your solicitor took when each party realised there was an extension.