Conservatory without Building Regulations approval

htsang

Hi

We are buying a house and are two weeks away from completion. Our solicitor tells us today that the conservatory in the property does not have building regulations approval, when he thinks it is required.

The conservatory was originally built in 1998. The survey report did not highlight any problems with the conservatory, other than to recommend that we should check whether it has been classed as a "habitable" extension.

The sellers have offered to take out indemnity insurance. But we would like to do some work on the property after buying it and are concerned that this could validate the indemnity.

From various posts i have seen here and elsewhere, it does not look likely that the council will initiate action after so many years.

Please could anyone in the know help me with a few questions:

1. What problems could I face when trying to carry out building work in the house (say a new loft conversion)?

2. What effect would the lack of building regulations approval have on the property price? For example, a like-for-like house with approved conservatory vs non-approved conservatory?

Thank you for your help!

Owain_Moneysaver

Conservatories do not normally need Building Regs approval provided they have a translucent roof and (a majority of) clear walls, there is an outside grade door between the conservatory and the house (no open plan), and any heating in the conservatory is separately controlled.

If the problem is conservatory is open plan then the remedy is to fit new doors.

htsang

Thanks. This conservatory has the original kitchen wall to one side, brick walls on two sides and glass doors on the fourth. The roof is translucent. There is a toilet in the conservatory, but this toilet pre-dates the conservatory (i.e. the conservatory was built around it). A washing machine is also fitted in the conservatory. Based on this, we are told that building regs approval is necessary.

sonastin

The glazing requirements which make it a "conservatory" for BR exemption purposes relate to the work that was added. So if they've put a "glass" roof and doors around an existing gap to create a conservatory, it might still be exempt. I think you need to find out what was existing (from what era) and what was added in 1998. If you added a conservatory to the back with 2 brick walls and fitted a toilet, that would certainly need BR but you might still fall into the exemption category.

Why don't you phone up building control in your neighbouring town (so you don't invalidate any indemnity insurance) and ask them a hypothetical about whether this type of construction needs BR. I've found most Building Inspectors are quite helpful when it comes to offering guidance on the subject. Although obviously they won't give a cast iron "no it doesn't you're fine" but it should give you a bit more of a clue.