Buying house, planning approved, no completion cert

Scully38

Hi, I'm in the middle of buying a property, the seller has been not too forthcoming with responses to queries. Here's the problem;

The house has an extension and conservatory - seller advises this was done in 1996 before he purchased the house. He has no papers, but is selling as an extended home. He doesn't have the papers for building regs/completion nor did he have the planning papers.

I checked with the planning website In 1996 Planning permission was given for a single story extension (which it is), but there is no ompletion ertifiate and no mention of building control having been notified of the ompletion of the extension.

I am unsure now whether to proceed in light of this as i've been told by my solicitor that it could cause problems down the road on re-sale/re-mortgage. I love the house, but not sure if to walk away or not.

Would an indemnity solve this issue?
How do I ensure that the building work is up to srath? With a strutual survey?
an seller advertise as extended if no completion certificate?
Should money be knocked off?

I'll be speaking to the planning office tomorrow, but am I right that as this was down over 4 years ago, the seller will need to complete a form stating that his house has illegally been extended for over 10 years, so that the work will not be pulled down?

Any help would be appreciated as i'm currently in a B&B as I completed my sale on Friday, and can't afford to delay things.

Many thanks

Richard_Webster

Don't talk to the Council - your solicitors should contact the seller's solicitors about it first. If you do contact the Council then you prevent the seller even offering you an indemnity policy.

If it has been up for 4 yaers then under planning there should be no issue at all.

Building regs could be more of a point. What does your local search say about them? An ordinary extension would have to comply but a typical conservatory wouldn't.

You really should be talking to your solicitor about this. It could mean there is a structural problem or it could just be they forgot to get the inspector out to do the final check.

dkmax_2

Scully38 wrote: »

I'll be speaking to the planning office tomorrow,

Even though planning and building control are two independent functions, this act may be regarded as putting the council on notice and any indemnity insurance could be void.

If you are worried about the building collapsing then get a structural survey (and he may have to damage it to inspect it fully). If you are worried about its legal status - it was built in 1996 with planning permission and it is too late for anyone to do anything about it (unless a complaint is still in the pipework somewhere).

The degree to which this is a problem in the future is the same extent it is to you now, as a current potential purchaser. If you can get over it, then so can someone else.

G_M

Speaking to the local authority about the lack of Building Regs certification will....

..invalidate any indemnity insurance! That happens as soon as the matter is brought to the LA's attention.

There are two issues:

1) The LA might, at some future point, enforce Building Regs and make you demolish or rebuild or amend the extension. However they only have 4 years for this so....

2) The extension might be poorly built, have poor insulation, the roof might fall in.... are you willing tolive with this?

Scully38

Thanks everyone, I did speak with the council in the end, because I didn't want an indemnity policy, I wanted to make sure it was done properly. It turned out that the previous owners had gone through all the proper channels and the council had all the certificates and permissions approved. It was just a case of the sellers solicitor not doing their job properly and passing on the details, and/or the seller being a complete muppet and delaying things.