Consent/planning for moving stairs....over 20 years ago.

angelbeefpie

Hi all

We are in the process of selling our house and on verge of exchanging next week. However, I learnt today that our buyer solicitor has wrote to our council about consent/planning regs for stairs as it was flagged on survey. Turns out stairs were moved long before we owned property...this didn't come up when hubby bought house. My question is, if there turns out to be is no type of consent/permission...what happens? Given that it was done so long ago, cant really understand. Buyer is keen to get in before Xmas as are we.

Thanks

G_M

Building Regs cannot be enforced after 4 years (see here).

However a lot of dumb mortgage lenders get their kn*ckers in a twist and insist on indemnity insurance.

angelbeefpie

Thanks for your reply. I had a feeling if certain amount of years it doesn't matter so can't really see the point....surely easier for olicitors to recommend this indemnity insurance.

Thanks again

angrypirate

G_M wrote: »

Building Regs cannot be enforced after 4 years (see here).

However a lot of dumb mortgage lenders get their kn*ckers in a twist and insist on indemnity insurance.

Thats planning permission which is different to building regs.

Building regs is to do with the safety of the build. Planning permission is to do with how it looks. If building controls get wind of something done 10 years ago not to standard and dangerous they can apply to the courts to force you to make it safe and comply and it will need to conform to current regs, not regs 10 years ago. As they approached the council (which is naughty of them - the enquiry should have been to you and then for you to approach the council) you certianly wont be able to get an indemnity policy

However, with it being over 20 years ago I dont know. I dont know if the regs in the late 80s / early 90s would have much in there for stairs? As its been standing for over 20 years , imagine it was done safely. Suggest you speak to your solicitor for them to advise you - its why you are paying them.

G_M

angrypirate wrote: »

Thats planning permission which is different to building regs.

Thanks. Correct. For Building regs it seems to be 2 years!

see here:

This action (under section 35 of the Building Act 1984) will usually be taken against the builder or main contractor, and proceedings must be taken within two years from the completion of the work. Alternative under section 36 of the Act we can serve an enforcement notice on the owner requiring them to alter or remove work which breaks the regulations. If the owner does not comply with the notice we can do the work itself and recover the costs from the owner.

You can't be served with a section 36 enforcement notice more than 12 months after the date of completion of the building work, but this does not affect our (or any other person's) right to apply to the courts for an injunction for the same purpose.

angelbeefpie

Hi

Thanks for your replies. My solicitor is in holiday for 2 days but will call whoever covering tomorrow as estate agent told me all this.

I am slightly concerned now as if buyer needed indemnity insurance, because his solicitor has written to council he can not get? So what happens then?

I will be asking this question to solicitor covering tomorrow but am so stressed and anmoyed as my solicitor should have sorted this earlier in week.

Thanks

Yorkie1

You will be unable to offer indemnity insurance ever in the future because the buyers have contacted the council, as you rightly say.

I hope your solicitor can provide an answer as to what you can do now.

People have mentioned regularisation certificates - if they won't proceed without the indemnity certificate (which only indemnifies them against the cost of enforcement action, and doesn't provide any guarantees as to safety) then you will have to either withdraw from this sale and hope that another buyer will not spot it, or take whatever steps are required to rectify the situation.

Thrugelmir

angelbeefpie wrote: »

Turns out stairs were moved long before we owned property...

Was this issue identified during the buyers survey?

angelbeefpie

From the voicemail message, yes survey mentioned. I'm not sure what to do after reading replies as it seems can no longer offer indemnity cos they have written to council asking if planning done. I'm wondering if building regs and planning different and still be offered? I'm just hoping it was. Feel sick to my stomach.

Thrugelmir

angelbeefpie wrote: »

From the voicemail message, yes survey mentioned. I'm not sure what to do after reading replies as it seems can no longer offer indemnity cos they have written to council asking if planning done. I'm wondering if building regs and planning different and still be offered? I'm just hoping it was. Feel sick to my stomach.

Indemnity insurance doesn't solve the issue fully. (If there is one). As rectification of the problem could cost a considerable amount of money.

G_M

angelbeefpie wrote: »

From the voicemail message, yes survey mentioned. I'm not sure what to do after reading replies as it seems can no longer offer indemnity cos they have written to council asking if planning done. I'm wondering if building regs and planning different and still be offered? I'm just hoping it was. Feel sick to my stomach.

As angry pirate pointed out earlier, Planning Permission (which is unlikely to be required for an internal stair-move) is not the same as Building Regulations.

Which are the buyers asking about?
Which did they contact the council about?