Buying a House, extension has no building regs

headcoat

Personally I wouldn't buy a house without planning permission or a completion certificate for the building regs. Even if the work has been there 20 years and is of good standard, when you come to sell it, you will only run into the same problems you are experiencing with the new vendor.

For planning I would double check on the planning portal web site that it does not need planning permission (by todays requirements) and if possible check if the same is applicable for 20 years ago. Then get a written letter off the council stating that pp is not required.

For BRegs, I would go down the retrospective route with an Approved Inspector (much more helpful than the LA ones), this would involve costs and may require opening up works i.e. checking foundation depth, beams installed, checking electrics etc. This should be paid for by the seller as they are not going to let you dig around until you have completed purchase and you should not want to complete until the work has been approved.

Good luck

zeon999

Thank you all for your feedback totally lost as to what to do solicitors are useless and mega stressed out about the whole situation sick and tired of having to chase things up go round in circles, doing research and getting infomation from other sources just because our solicitors carnt be trusted to do their job just had enough of it all now.

societys_child

Google Earth has a time-line slider on the tool bar (historical Imagery) - only goes back to Dec 2002, but will show if it was there 9 years ago.

zeon999

Thanks for that an it was defo there in October 2003, but thats the earliest they have pictures of in that area. So its been standing for 8 years defo.

silvercar

zeon999 wrote: »

Thanks for that an it was defo there in October 2003, but thats the earliest they have pictures of in that area. So its been standing for 8 years defo.

we know if it falls through with us she will just pretend like she has not spoken to the council to the next victim an they will go and get the indmnity insurance.

There is no victim. The council won't take action for lack of building regs on anything 8 years old. All an indemnity policy will do is give peace of mind to your lender.

You need a proper survey to ensure that the house isn't going to fall down, not to ensure it complied with the building regs that were in place at the time it was built.

A home is the biggest purchase you are ever going to make, get it surveyed.

When you come to sell, the extension will be even older and even less of a concern.

eckosix

We were the buyers of a house with an unnaproved extension, but it wasnt 20 years old, just a few! We ended up buying the insurance because the solicitor showed us that there was a covenant on the deeds that meant that the seller had to get permission from the original builder to alter/extend etc. and they hadnt.
I seem to remember being shown something to the effect of, future vendors could not be held responsible for anything done before they bought. This was exactly true, when we came to sell all the solicitor asked was had WE done any building/ wiring work etc whilst owning the property and we hadnt! Nothing else was ever said about it! It was a few years ago and things might have changed but ask your solicitor. Also speak to the council yourself and clarify the position. If you cant get the insurance then I can understand your worry but I didnt realise that speaking to the council would invalidate the insurance! (we spoke to them). Also, even at this late stage you should be readjusting your offer in light of the new information. We got a further £17k off ours! Good luck!

timmyt

zeon999 wrote: »

Hi

We are in the process of buying a house but it has come to our attention that the seller does not have building regs or planning permission for the extension.

Now they have said the extension does not require planning permission due to the size. They have also contacted the council after their neighbour has told them the extension was built 20years ago. The council have told the seller they have no interest due to its age.

Now our solicitor a solicitor would not but a lesser qualified conveyancer might as so many dont understand the law (I know :eek:) and seller keeps pushing for indemity insurance indemnity only pays out if the COuncil take action, but you just said the council are not interested, and also indemnity doesnt pay out if you have approached the council...so your solicitor is mistaken , but problem is the insurance is to cover against the council taking action, thing is they have notified the council about the extension so the insurance would be invalidated anyway. Further to that they also say due to the age the council are not interested in the extension. So why pay for indemnity insurance when they know its going to be invalid and according to the seller there is no need for it anyway as the council are not interested? your conveyancer is out of their depth

We have suggested they get a letter from the council stating they are happy with its age and wont take any action so we have something in writting, yes, at least get it in writing, as building control have already been notified so indemnity is not possible further to that due to lack of building regs they get a structural survey done on the extension to prove its integrity no you would be expected to do that . Or alternativly get retropective building regs.

Whats your thoughts on this any advise would be great as the seller does not want to do anything and even says if we want the survey then we should pay for it.

Now I have said I will pay for the survey once the deal is complete as a final stage if you will just as we really want the house, but so we dont pay for it upfront to findout it needs loads of work, which they would not get done obviously meaning we paid more money and still no house. they could pay but you refund it if they give the all clear

But they are not happy with this, an now started going on about indemity insurance again not possible even though we have explain we carnt. Our solicitors told you are just a naf they keep pushing for indemity insurance too even though they know thats not sufficiant just so they can get the deal through as we are both using the same solicitors Countrywide Conveyancy Services oh god, I should have read this first....ditch them and go to Richard Webster (I dont tout) (Dont ever use them!!!) so what do we say of the thousands that do hey...each weekend....people reading this will just have done so

Obviously we have to think about when it comes to us selling the house further down the line and without sufficiant paperwork we will be left in the same position as the current seller.

Cheers
John Eva

Fax your conveyancer, and say:

"It has come to my attention that you are recommending legal indemnity insurance for lack of building control in a situation where the Council are on notice of the unauthorised work. You should know that this means insurance cannot be issued.

Please therefore suggest proper solutions to the Seller on my behalf, as days are being lost here. Have the Seller obtain in writing from Building Control that they are not interested in taking action for the unauthorised works after the passage of time, and obtain their agreement to meet the cost of a structural survey if it reveals antyhing wrong, but if clear I will pay. Why have you not pursued this? "

ey143

I’m in the early stages of buying a house. Just had a building survey completed on a large house in Watford (awaiting the results) but due to the type of person I am, having been doing my own extensive due diligence on the property.

I have established from the buildings regulation dept at the local council that they have no records of a site visit being made for various work done to the property (split from a neighbour to make it a detached dwelling, garage and double storey side extension and also a loft extension). They claim to have not also issued a certificate of completion. This was all in 1985/86. The vendors of the property have emailed me a paid invoice showing the fees having been paid, but that doesn’t mean that the buildings regs were granted (there is no question of planning approval being denied here because that was all approved and granted, so this is purely buildings regs).

The vendor is now approaching his builder who did the work to find out who the buildings regulation officer was at the time, though I’m not sure how that will help if there are still no documents to be found.

I’m only reading about indemnity insurance etc now by looking at this forum, but to be honest, I don’t give a monkeys (I think) about the council not taking action. I’m more concerned about the house being safe and not falling down – despite it being nearly 20 years since the work was done.

After a lengthy conversation with the council and after they initially thought they could not give retrospective approval, they said anything after 1985 can be granted approval, though in practice I’m sure they will be more strict now v 1985 and require various damage to the property to make the inspections. The house is in need of total renovations anyway.

I know the vendor has strengthened one of the ceilings with I guess a metal RSJ as he talked about compression (I know this might send alarm bells ringing) but the house appears solid. I had a brief discussion with the surveyor after and he said the house is solid but he is not a structural engineer and only a structural engineer can give a qualified opinion in that regards.

What are my options here? The estate agent has said I have shot myself in the foot as I wont be able to get indemnity insurance now but as far a I can understand from having read other postings here, that only stops the council from taking action. They have told me they wont take action because of the time period that has passed but it wont make it easier for me to sell the place later and more than anything else, I want to ensure the house is safe.

Negotiating a discount (if necessary) is the last stage. Anything else I can do (other than ask the council to put in writing they will not bring action)?

Thanks.