Disclosing info to solicitor

timmyt

I am not confused, you just want to check I am referring to a non-load bearing wall. Yes, as that is what your builder said and I am specifically addressing your wall as you asked me to.

....but now you are talking generally about load-bearing.

Let's be clear, if your builder has classified it as a simple internal wall (or if you prefer an internal 'non load bearing'...a stud partition...chip board etc, ) then I am almost certain it does not need BR...again I repeat why would it.

You sound up to speed yourself on BRs anyway.

It would make no sense for it to require BR.

(Load bearing obviously as the house could collapse, heck I am leaning against one as I type this, but your wall is not that you say).

But again, disclose to your solicitor and worst case take out insurance at the sellers expense.

Enjoy the new house.

Fire_Fox

timmyt wrote: »

Specifically in the case of an internal wall i am almost certain that an internal wall doesn't need BR consent, why would it...if indeed it is an internal wall.

Let's be clear, if your builder has classified it as a simple internal wall (or if you prefer an internal 'non load bearing'...a stud partition...chip board etc, ) then I am almost certain it does not need BR...again I repeat why would it.

:huh: Some internal walls are load-bearing and need BR to remove, some internal walls are stud partion are do not need BR to remove. Internal or external is not the point, it's the structure-function relationship that is key here.

Richard_Webster

Part of the problem that conveyancing solicitors have - and I think TimmyT must be aware of this - and it's a general point not just applying to Building Regulations - is that even if we are convinced that there has been no breach of some regulation or the other, there is no guarantee that the point won't be raised by another buyer's solicitor in the future.

There have been occasions where I have argued myself silly and produced all sorts of quotes from learned publications etc as to why there is no breach of some rule/regulation and the buyer's solicitor simply won't accept what I say and keeps parroting that he requires a consent or an indemnity policy. I then have to explain the issue to my clients and they often reluctantly agree to pay for whatever is required to shut the buyer's solicitor up and get the transaction moving.

As a conveyancer I often feel that my job is advise my buyer client not only as to the law but also what a future buyer's solicitor is likely to think the law is!

And, yes, I agree that as far as I know, a non-load bearing internal wall can be removed without having to comply with the Building Regulations.

Cannon_Fodder

If a builder tells you it isn't load-bearing but it turns out it is, does he have professional indemnity insurance to recompense you for any costs in fixing it, or council action against you..?

i.e. until Building Regs people have looked at it and said, 'its not load-bearing, we aren't needed here anymore', how does anyone know - for certain, both physically and for BRs - that it is not load-bearing?

After all, if the councils really trusted builders to make a judgement on whether its load-bearing or not, why don't they trust them for everything else they do...which would see Building Regs scrapped as an unnecessary burden on the taxpayer.

Which of course, they are not. They prevent dodgy work being undertaken. A judgement on load-bearing *could* also be dodgy...but once the builder says "oh, that'll hold up ok" the BRs get set aside, without anyone double-checking the builder's opinion ?

Then you get to have to buy an indemnity if other people as RichardW says "just diasgree with you". The builder is off on another job being dodgy again...

Seems a bit mutually-exclusive or catch-22 or something. Loop-hole.

Richard_Webster

If a builder tells you it isn't load-bearing but it turns out it is, does he have professional indemnity insurance to recompense you for any costs in fixing it, or council action against you..?

i.e. until Building Regs people have looked at it and said, 'its not load-bearing, we aren't needed here anymore', how does anyone know - for certain, both physically and for BRs - that it is not load-bearing?

But if it is a stud wall and not anywhere near strong enough to support any masonry etc above it, can you not make a common sense conclusion about it being non-load bearing?

I agree if the wall was brick, you could not be so sure it wasn't load bearing, but with a stud wall, it really an issue?

Catti

Perhaps one good reason for the disclosure relates not to building control, but to any restrictions that may exist in the deeds. Many newer houses in particular will contain 'promises' not to do certain things without the original builder's consent. If the deeds to this house say that any alteration requires such consent, and that consent was not obtained, then this could potentially raise a problem in the future and your Solicitor may want the seller to provide an indemnity insurance against the possibility of that promise having been breached (Breach of Restrictive Covenant).

timmyt

Catti wrote: »

Perhaps one good reason for the disclosure relates not to building control, but to any restrictions that may exist in the deeds. Many newer houses in particular will contain 'promises' not to do certain things without the original builder's consent. If the deeds to this house say that any alteration requires such consent, and that consent was not obtained, then this could potentially raise a problem in the future and your Solicitor may want the seller to provide an indemnity insurance against the possibility of that promise having been breached (Breach of Restrictive Covenant).

you rarely see that for internal works in a freehold property, but again, do tell your lawyer, he is on your side.

internal 'non-load bearing' walls - you only need to google about them and building control - will almost certianly prove exempt from BR, as common sense would also suggest

good luck OP

clearing_out_my_pockets

frafferty wrote: »

It is for the property that we are buying.
I'm just not sure what disclosing this info is going to achieve? Apart from delays and more expense!

Why has the seller not disclosed it?

frafferty

He's a bit dim and thinks that because a previous owner did it it does not count. He honestly is not very bright at all, bless.

Owain_Moneysaver

It doesn't matter whether a wall is 'load-bearing' or not, any internal rearrangement of rooms requires Building Regs approval. E.g. a wall is removed between a hall and a utility room to make space for a study area. Is the wall on the other side of the utility room which abuts a kitchen sufficiently fire-resistant now the utility room has been opened out on to a fire escape stair? Etc.