From bad to worse - non compliant conservatory

DiscoCat54 · 21 August 2012 at 2:57PM

I have been panicking about not having building regs approval for a garage conversion. I mailed the council yesterday about it and they've just called to say that they were in the area so they'd taken a look in through the window. He was happy so he is going to issue an approvals certificate.

HOWEVER

He took a walk around the back of the property and he says that my conservatory is non-compliant!! He says that because the exterior doors were removed it falls foul of building regs and that he has to put it on the council records as being non-compliant. He said that it is a major stumbling block in the sale as I have to declare it!

The work was carried out in 1992 and I bought the house in
2005. I had a full structural survey and it wasn't mentioned.

To become compliant I will need to add doors from dining room and reinstate a window.

I'm 10 days away from exchange on a part ex and if their agreed price drops I can't move. I don't have the money to get the work done and it certainly won't be completed in 10 days.

Any suggestions ??

go_cat · 21 August 2012 at 4:16PM

I don't think there is a lot you can do as the council is now aware so therefore you cannot use indemnity insurance

Have you asked your solicitor for advice?

fannyanna · 21 August 2012 at 4:29PM

DiscoCat54 wrote: »

To become compliant I will need to add doors from dining room and reinstate a window.

I think you might have to do this then in order for the sale to proceed.

Have you spoken to your solicitor about this? What do they advise?

You have my sympathy as that sounds like an awful situation

DiscoCat54 · 21 August 2012 at 4:44PM

I haven't mentioned it to my solicitor yet, I have been fishing to find out if it was picked up in my buyer's survey but they haven't spoken to my Solicitor about it yet.

I think I'll have to take out a loan and get the work done...

J_J_Carter · 21 August 2012 at 4:45PM

WHat a jobsworth! Conservatories are usually exempt from Building Regulations so long as they meet simple criteria, plus you'd need to know the rules as they were in 1992!

DiscoCat54 · 21 August 2012 at 5:13PM

Someone mentioned to me that the act covering my non-compliance only came in to force in 1991.

Admittedly conservatory was fitted in 1992 but who's to know? I don't want to be dishonest... I'm just thinking out loud..

go_cat · 21 August 2012 at 5:21PM

Don't know when these regs apply from

http://www.doineedplanningpermission.co.uk/improve/conservatory.aspx

DVardysShadow · 21 August 2012 at 5:56PM

I would not declare anything to a buyer on the verbal instructions of a building control officer. If he sent notice in writing, it would be a different matter. And as for fixing it, if I was the buyer, I would not do anything about it.

DiscoCat54 · 21 August 2012 at 6:09PM

I've just had a really bizarre call from the Building Control guy that I spoke to earlier. He apologised for going in to my garden without permission and said he'd turn a blind eye!

He says it will probably be picked up by my buyers surveyor but as far as he's concerned he knows nothing about any irregularities.

My partner thinks he probably discussed it in the office and was warned for letting himself in through the gate uninvited..

go_cat · 21 August 2012 at 6:12PM

DiscoCat54 wrote: »

I've just had a really bizarre call from the Building Control guy that I spoke to earlier. He apologised for going in to my garden without permission and said he'd turn a blind eye!

He says it will probably be picked up by my buyers surveyor but as far as he's concerned he knows nothing about any irregularities.

My partner thinks he probably discussed it in the office and was warned for letting himself in through the gate uninvited..

Ooer how strange ...maybe he's been told he has actually committed an offence of trespassing