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Survey questions on conservatory - update from solicitor please help!

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  • silvercar
    silvercar Posts: 49,897 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Also does anyone know apart from putting the doors back on (not really an option) what would be needed to get building control approval for the fact it is all open plan? Who would I get in to give me a quote? Would it be a builder or someone who deals with insulation? Its a pain as we can't ask building control because that would invalidate any indemnity insurance taken out. We want to reduce the price we have offered to include any works needed but we don't have a clue what would be required.

    Friends in a similar situation got a builder to put on the cheapest doors, got the building regs consent, then the buyer reportedly took the doors off soon after moving in.
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  • silvercar wrote: »
    Friends in a similar situation got a builder to put on the cheapest doors, got the building regs consent, then the buyer reportedly took the doors off soon after moving in.

    Thanks for the info. Our vendors are refusing to put doors on. To be honest this would ruin the look of the room as the wooden floor runs all the way through both rooms. Plus the wall has been opened up and a nice arch put in, so I don't think it would be that simple to put them in.

    I wondered if anyone knows what would need to be done to get it through building approval in its current open plan state rather than putting on the doors?
  • Hi all,

    I have just received the below from my Solicitor. Is it likely that it would have been a load bearing wall they have removed? It was originally patio doors (when the house was built) and now its just an open space archway wall between lounge and conservatory. Our surveyor said there were no structural issues??!!

    The sellers have offered lack of building regulations indemnity insurance in relation to the conservatory. At the moment I am not happy to advise you to accept this until they have confirmed whether or not a load bearing wall was removed when it was constructed.

    Thanks!
  • klolav
    klolav Posts: 892 Forumite
    If the surveyor didn't pick up on that then hopefully you will be ok!
    I don't have any answers sorry, but hope it's sorted out for you soon.
    If the current owners bought it like this, did they have any issues surrounding it? just re-read-did they infact build it? Confused!!
  • klolav wrote: »
    If the surveyor didn't pick up on that then hopefully you will be ok!
    I don't have any answers sorry, but hope it's sorted out for you soon.
    If the current owners bought it like this, did they have any issues surrounding it? just re-read-did they infact build it? Confused!!

    Thanks Klolav....the current vendors built it in in 2006 and claimed it didn't need Building Regs approval. Perhaps they removed the doors after building it but when I spoke to Building Control anonymously they said this is not allowed.

    Vendors have purchased an indemnity policy. They have either been naive or mislead us though as they told us and the surveyor that it did not need approval!
  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
    edited 24 January 2012 at 3:21PM
    We had a similar situation with our extension, where we replaced a small extension so there already was an opening through from the main house, and the builders were very reluctant to look at the existing lintel even though we mentioned it several times to them. In the end, the building control man insisted that they uncover it and decided that the concrete lintel wasn't good enough and it had to be replaced with a steel one. It wasn't a huge job though - probably about a morning's work to take out the old lintel and slot in the new one. (Mind you, if the house is already nicely decorated, it would be a pain to do something like that.)
  • The original rear wall of the house most likely supported the roof and at least some first floor. A lintel beam should have been installed to carry this load across the 2.5m opening and would have required building regs approval.

    I would want the seller to knock off some finishes so that the lintel could be inspected. It's their problem for doing the work on the cheap and not getting it approved. Don't allow it to become your problem.
  • The vendors solicitors have confirmed to my solicitor that no structural work was undertaken or was required. My solicitor is now happy to proceed so fingers crossed it will all be ok!
    Thanks everyone for your advice...
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The vendors solicitors have confirmed to my solicitor that no structural work was undertaken or was required. My solicitor is now happy to proceed so fingers crossed it will all be ok!
    Thanks everyone for your advice...

    That's OK then.

    Good thing solicitors are experts in 'structural work' otherwise you might sill be wondering whether to believe this.....
  • Deepfatfriar
    Deepfatfriar Posts: 97 Forumite
    edited 25 January 2012 at 4:55PM
    Hi all,

    Am in the process of buying a house. Today I received the Home Buyers Report back.

    The survey mentions that "The wall between the lounge and conservatory has been opened up and you should confirm Building Regulation was granted for this work".

    I have spoken to the Council and asked if this would have required Building Reg approval and they confirmed that it would. I didn't 100% understand but I think the person I spoke to suggested that the vendors would need to fit doors in order to get the sign off! Otherwise it needs to be treated as an extension. I asked if that required planning permission but I know that is a separate department and he could not comment on that.

    I am planning to contact the solicitor about this but can anyone give me some advice or info on what is the likely outcome of this situation?

    Thanks!

    The Vendor must have a copy of a letter from the Council stating that it is authorised but does NOT need planning permission. It depends on the perecentage floor space of the conservatory in relation to the house itself. It also depends how near it is to nearest sewer and boundary. Also if the property was purchased from new by the vendor there may also be a clause in the deeds to say the builder must also give his permission to any structural alterations.

    Your solicitor should be asking and researching these issues.
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