Building Regs & Homebuyers Report Recommendations

Bea787

Hi guys, just had homebuyers report back on house am looking to buy. It states that 2 conversions (front rooms knocked together to be open plan i.e. dividing wall removed) and out houses converted into extension of kitchen need checking to see if they had planning permission and building regs met to confirm whether joists etc were put in adequately. It recommends a structural engineer inspection. However, someone also told me that this can't be determined unless the fabric of the building is opened up and clearly you can't do that on someone else's house!

I am going to ring the council re planning permission records but wondered if anyone knows how else to check whether this is available and also whether there are records of whether the work meets building regs? The current owners did not do the work and have only been there 3 years. I don't fully understand why they had none of these issues raised during their own purchase but that's another matter.

Any advice on who to contact would be appreciated. I figure the ceiling might have already fallen down by now if there was no joist - perhaps the report (ratings of 3) sounds scarier than it is - I don't know. Equally don't want to buy something structurally unsound.

Finally, if it comes to having a structural engineer's report, any idea about prices and whether you would do this or argue that the vendors do it/pay for it?

All help greatly appreciated! I thought it was stressful enough getting an offer accepted!

kingstreet

In the first instance, this should be part of your "pre-sale enquiries" put to the vendor's solicitor by your solicitor. How the vendor's solicitor answers should then confirm your next actions.

Chartered-Structural-Eng

kingstreet is correct - your solicitor should be picking this up.

If you want to do something - pick up the phone to your local planning department and building control department. You will usually find them extremely helpful.You can usually view drawings on file and get copies.
If there are genuine concerns then it may be worth getting a Chartered Structural Engineer to look over these for you and undertake an inspection.
If there are no records then get the Structural Engineer in to do a report, but also ask your solicitor about indemnity insurance. But if there are no records, then personally I would want ot know why not, and would have concerns about the work done (which as you say is hidden behind plaster).

Yorkie1

Do not contact the council until you have spoken to your solicitor.

If you do contact the council, indemnity insurance (which covers you against the cost of council enforcement, not against work which may be required for any structural deficiencies) will no longer be available for the property forever. This has implications for the seller if you decide not to proceed with the sale, and potentially for you upon re-sale if you do buy the property.

pmlindyloo

Chartered-Structural-Eng wrote: »

kingstreet is correct - your solicitor should be picking this up.

If you want to do something - pick up the phone to your local planning department and building control department. You will usually find them extremely helpful.You can usually view drawings on file and get copies.
If there are genuine concerns then it may be worth getting a Chartered Structural Engineer to look over these for you and undertake an inspection.
If there are no records then get the Structural Engineer in to do a report, but also ask your solicitor about indemnity insurance. But if there are no records, then personally I would want ot know why not, and would have concerns about the work done (which as you say is hidden behind plaster).

Please be aware that if you contact the local planning department about this and give them the address then you will not be able to get indemnity insurance.

As already said your solicitor should be dealing with this.

Basically these are your options:

1. Contact the planning department and hope they have the relevant paperwork.

2. If they have no relevant paperwork then the vendors could apply for retrospective planning permission and building regulations - expensive.

3. Do not contact the planning department, have a structural survey (as you say, may be difficult without being able to 'see' everything) and

4. Take out an indemnity insurance and keep your fingers crossed that it is 'safe'. (But be aware the same problems will arise when you want to sell)

5. Walk away.

To be honest, this question comes up on this forum quite regularly. If the building work was done many years ago then it is not likely that this will be a problem in the structual sense but selling on may be.

If you are getting a mortgage then most lenders insist on indemnity insurance at the very least.

You are paying your solicitor to do all this for you so suggest you get back to him/her on this one.

What did the vendors do when they bought the property?

Bea787

:doh:

I already contacted the council! I have a feeling (and a hope) that perhaps nothing was recorded. I just asked if there was ever a planning application for the property and she talked me though how to check this online, doing it at the same time with me. No more was said than this. Do you think that will be ok and not affect the insurance?

I was trying to establish this before incurring any solicitors fees as if I pull out of the property I have already spent on the survey. I'm waiting for my solicitor to ring me to advise the cost of the pre sale enquiries.

What is indemnity insurance by the way and why/when do you need it?

kingstreet

Indemnity insurance provides legal fee cover should a local authority bring an action against you for the property having neither planning permission, nor building regulations approval for any works.

Once your solicitor resolves thee issues with the vendor, I anticipate THEM paying for any indemnity cover, not you.