Building Regs Approval missed by solicitor

chrisyb

Hi,

We are really upset as we are well into the process of selling and buying a new home and the buyers survey (of our existing house) has found problems with building regulations. The house has had a load of work done way before we moved in including a loft conversion, chimney breast removal and also the removal of a supporting wall (making it open plan) downstairs.

Now we know that at least the attic conversion does not meet regulations and we will be forced to undertake a structual survey and possibly make good the work (could be 15K+) worst case scenario.

None of this was picked up when we purchased the house 6 years ago by either the solicitor or the surveyor despite the considerable alterations that have taken place. This was my first house purchase at the time and things like this was not known by us.

Do we have a claim (i assume we do) against the solicitor for failing to check building regs and if so will they pay for the structual survey and remedial works? If so how long will this take? We are totally gutted as we are well underway with a new house purchase and have spent a considerable amount in costs of surveys/ solicitors etc. Help

iazcac

Most claims for negligence are time bound at around 6-7 years for the original work being undertaken, so I suggest you move fast on this. Is the original solicitor still in business? Are they regulated by the CLC or SRA?

BitterAndTwisted

Was there an indemnity insurance policy in place when you originally bought the property? What has your current conveyancer advised?

G_M

Did you make the solicitor aware of the work that had been done? If not, how would he know to check for BRs? He never visited the property I take it.....?

Did you send the surveyors report to the solicitor? And did the report highlight these works (thus potentially alerting the solicior to the issue?). What kind of survey did you have done? And what did it say aout the works?

chrisyb

There was no indemnity insurance policy in place as far as I am aware at the time. We had a average survey but more than valuation, it did pick up things like adding airbricks, pointing and other trivial things but as far as I am aware building regs did not enter the equation.

As far as Im aware the seller would have had to make the solicitor aware (as they had done the rennovations) and as such the solicitor should have requested copies of the approvals.

The solicitor in question (an on-line company) are no longer trading but my file is lodged with another solicitor. I have requested a copy to find out exactly what happened.

sonastin

Here is how it works. The seller is supposed to report any work he had done but not everyone tells the truth / understands the question enough to answer it correctly. To protect you from that, your solicitor does additional checks to try to ascertain what the truth is. The seller will have had a questionnaire which asks whether they had any work done, whether BR was needed/got and what paperwork is available. The solicitors (both sides) use this as the basis of checking that all necessary paperwork is in place. And your solicitor does a local search to check the planning apps and BR apps relating to the house to double check.

If the seller geniunely didn't believe that BR was necessary for this work, or forgot that they'd had it done, or weren't aware because they bought it in that state then a) they will answer, genuinely and to the best of their knowledge that there has been no work done that needed BR. Also, as no application has been submitted to building control, there will be nothing to show up on the local search. So unless you (directly or via the survey report) tell the solicitor that work has been done to the property which might come under building regulations, the solicitor won't have a clue that there is a problem.

Whether your solicitor has been negligent depends entirely on what the vendor answered on the property information questionnaire.

chrisyb

Thanks. Our buyer has now pulled out today:( I know for a fact that they knew they needed building regs approval as speaking to next door they got refused, but went ahead regardless. The structual work is significant making the whole of downstairs open plan and making the whole attic into a bedroom by designing and then completing the building works.

DannyboyMidlands

But did you inform your solicitor that this work had been done on the property and needed checking?

chrisyb

Dont think so no. It was my first property and I had no idea about building regulations e.t.c, just assumed that the solicitors and surveyors would handle it all:(

go_cat

Have you spoken to your solictitors to see if the alterations had been declared on the relevant forms the seller had to fill in ?

DannyboyMidlands

Then assuming that the vendor's questionaire made no mention of the work and you didn't mention it, the solicitor had no way of knowing. They are not psychic. I doubt that you have much of a claim here I'm afraid.