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Building control before 1985

loulou41
Posts: 2,871 Forumite
My friend is in the process of purchasing a property that is currently going through the conveyancing process. Some time ago previous owners (not current vendors) removed part of a Chimney Breast in the property. The current vendor simply states it was done by a previous owner and that he knows not when. On this basis we do know he has owned the property for 25 years. The survey she commissioned identified the fact this chimney breast had work done on it in the past but could not see any support and recommend that she should investigate it. She has asked the vendor to get a builder in to check whether there is support. There is no record on the council database of such application.
I told her if there is support and the work was done before 1985, then it cannot be regularised. Am I correct? Can she ask the council to come and checks the support to see whether they are safe and issue a certificate? I think she needs to apply for that and it is going to be costly. Basically she wants to know what the vendor need to do to comply with the building regulation. Until she know for sure, she will not proceed with the sale. I told her may be she could get a building surveyor or structural engineer to assess the support and then issue a report. At least if she does sell in the future and this issue crops up, she has some sort of documentation. Is this good advice or should ask her solicitor? The other option is to submit an application to the council and get building control officer to come and inspect the support but I was told building control cannot regularise work done before 1985. I have told her I will ask in the forum, may be somebody here can advise. Thanks
I told her if there is support and the work was done before 1985, then it cannot be regularised. Am I correct? Can she ask the council to come and checks the support to see whether they are safe and issue a certificate? I think she needs to apply for that and it is going to be costly. Basically she wants to know what the vendor need to do to comply with the building regulation. Until she know for sure, she will not proceed with the sale. I told her may be she could get a building surveyor or structural engineer to assess the support and then issue a report. At least if she does sell in the future and this issue crops up, she has some sort of documentation. Is this good advice or should ask her solicitor? The other option is to submit an application to the council and get building control officer to come and inspect the support but I was told building control cannot regularise work done before 1985. I have told her I will ask in the forum, may be somebody here can advise. Thanks
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I told her if there is support and the work was done before 1985, then it cannot be regularised. Am I correct? Can she ask the council to come and checks the support to see whether they are safe and issue a certificate?
The seller can contact the council and ask them to do an inspection, if the BC officer believes the work carried out is safe, the council can issue 'a letter of comfort' (no action) the seller would pay the fee.0 -
I've PMd a reply. Basically if your surveyor is happy the chances of the Council doing anything are tiny so don't worry.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Richard_Webster wrote: »I've PMd a reply. Basically if your surveyor is happy the chances of the Council doing anything are tiny so don't worry.
"The survey she commissioned identified the fact this chimney breast had work done on it in the past but could not see any support and recommend that she should investigate it." :rolleyes:0 -
but could not see any support and recommend that she should investigate it." :rolleyes:
So get the sellers to demonstrate how it is supported and if necessary get them to demolish the unsupported brickwork.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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