Building Regulations...

jonjonjon555

Hi,

I know this a pretty regular query but wondering if anyone could help me. Currently buying a house for 250k. The house has an kitchen extension built in 2006 which received planning permission. We had a building survey done and the survey says the extension is well built and is obviously still standing after 5 years.

However on our property searches our solicitor has found out the extension did not meet building regulations approval at the time on the basis it did not have any/sufficient insulation in the walls. There is no evidence that this was rectified at the time and no completion of work certificate. The sellers did not build the extension and have no documentation relating to it. The sellers have offered to take out indemnity insurance.

Whilst we have no concern with the safety or quality of the extension, our concern is when we come to sell the house we will have a problem selling without building regs approval...

Our solicitor is advising us that either the sellers should undertake the work to comply or we drop our offer on the house and undertake the work to the extension ourselves. Is this an overreaction? Or should we accept the the offer of indemnity insurance as we like the house and carry on and buy?

Any advice gratefully received!

Thanks

J

Yorkie1

How do you know that there wasn't B Regs compliance? Has your solicitor or someone else already contacted the council to ask? If so, then indemnity insurance isn't an option I'm afraid.

jonjonjon555

The property search through our solicitor showed up that the extension hadn't passed building regulations as no insulation in wall or floors.

No one has yet been in touch with the council yet - would this count as them knowing the extension hadn't passed building regs? Would the council do anything after 5 years anyway? Think we're erring on the side of asking for a discount on the selling price for the likely cost of putting it right.

Yorkie1

I am not an expert but I don't think failure to notify the council of completion would bar an indemnity policy. The general principle is that if someone has contacted the council to ask the question about compliance, the council will be on notice and therefore an indemnity policy cannot be sought.

tyler80

It is not clear from your post whether there was a building control application but no completion certificate or no building control application.

It sounds like the council have inspected but never signed off the work, but they are aware of it so an indemnity policy wouldn't be possible.

jonjonjon555

It was inspected by the council for building regulation approval but didn't pass the inspection.

As far as we know it never passed and there is no record of completion. However the survey says the extension is generally of a good quality.

So we're thinking if we go on to sell it, future potential buyers are going to be asking exactly the same questions as us so we're thinking of asking for a drop in the price to compensate for the work to put it right

poppysarah

jonjonjon555 wrote: »

It was inspected by the council for building regulation approval but didn't pass the inspection.

As far as we know it never passed and there is no record of completion. However the survey says the extension is generally of a good quality.

Which of those is right?


Or do we take the "generally" to mean the bits they can see - ie: the important bits like the foundations/lintels etc might not be ok.