"Conservatory" without Building Consent - Advice would be much appreciated!

amazelucy

Hi everyone

I have just bought a house and things are with the solicitors and basically an issue has arrisen regarding an extension/conservatory they had built 5 years ago.... they do have planning permission but not building consent. I think its because they thought that a "conservatory" would not need the building consent. unfortunately it appears it doesnt count as a conservatory as it has 2/3 walls are brick and doesnt have a door separating it from the main house. So therefore it is actually an extension.

The solicitor has said that the sellers can get indeminity insurance to satisfy our lender - and i understand this covers us if the council find out and take it down if its a H&S risk or anything. (we havent and wont tell the council). And I know this wont cover any problems with the building work etc.

The question is that my husband thought that as it was done 5 years ago it may not have needed or now need the building consent?

Also would the builders employed to do the extension not have had to get building consent?

Do any of you have any advice or knowledge in this subject I would very very much appreciate your help!

Lucy

chickmug

This is a very usefull link on planning and building regs.

Visually very good?

http://www.planningportal.gov.uk/uploads/hhg/houseguide.html

pixiepie99

I think you may need to give the council a call and get them to come and inspect the extension. I thought this was something the sellers had to do though -I'm not sure they're legally able to sell the house until they get the building regs certificate.

amazelucy

Thanks for the link - I just can't see anything that says about whether the fact is was 5 years ago matters or not! I wish I understood more about the whole process!!

We can't go to the council because if you do it means you can no longer get the indemnity insurance!

pixiepie99

In terms of planning:

Any building, engineering or other works which have taken place without the benefit of planning permission, and that have remained unchallenged by enforcement action for 4 years or more, cannot be enforced against. So the erection of a building which goes undetected for 4 years will be allowed to remain.

cherry76

I am having a similar problem with a house I have put an offer. I am not going to proceed until the vendors complete a regularisation form and get the council surveyor to come and inspect the work. Mine is only the removal of breast chimney without informing buidling control. We think there is one in situ but are not sure. Also the work was done ages ago, EA said even if there is support on chimney breast, it will not meet current regulations? Does anybody know whether the work will need to be upgraded? Quite a nighmare. I think you should get your vendors to call the council and get an inspector to check the work. I assume, you still want to proceed with sale.

silvercar

Please don't get the council involved, that will invalidate any indemnity policy. As the council can't take action as too long has passed, buying a policy should give a mortgage lender satisfaction.

cherry76 wrote:

Mine is only the removal of breast chimney without informing buidling control. We think there is one in situ but are not sure.

Totally different situation.

How can your survey think there is one in situ but isn't sure? Either it is there or it isn't. You don't need a magnifying glass to see a chimney breast! If it was completely removed then its not an issue. The problem occurs if it was only partly removed and then you don't know if the correct supports were put in place. To inspect this means taking off some surface plaster and examining.

If the work was done ages ago, the question to ask your surveyor/ structural engineer is if they think it is of asatisfactory standard.

amazelucy

pixiepie99 wrote: »

In terms of planning:

Any building, engineering or other works which have taken place without the benefit of planning permission, and that have remained unchallenged by enforcement action for 4 years or more, cannot be enforced against. So the erection of a building which goes undetected for 4 years will be allowed to remain.

It definately has planning permission - but doesnt have building regulation consent??

silvercar

amazelucy wrote: »

It definately has planning permission - but doesnt have building regulation consent??

Then you just need to worry about is whether its construction is safe. Without a buikding reg sign off you have now way of knowing how it was built. Your surveyor should be able to comment on this.

The council are not going to take any action. You only need to worry if the roof is unsupported and likely to fall on you!

amazelucy

silvercar wrote: »

Then you just need to worry about is whether its construction is safe. Without a buikding reg sign off you have now way of knowing how it was built. Your surveyor should be able to comment on this.

The council are not going to take any action. You only need to worry if the roof is unsupported and likely to fall on you!

It was built 5 years ago and has a 10 year guarentee with the company that built it - so has 5 years left which will transfer to our names.

We only had a basic valuation survey done... do you think we now need to pay for a structual survey??

Thanks

Lucy

suisidevw

Surely you can just get a 'surveyor' in for this area only to severley reduce cost etc....?