No Planning / Building regulations for through lounge, kitchen wall and garage - HELP

Poorlass

Hi guys,

Can anyone tell me what the implications are if we buy a 1930s house with no planning permission or buildings regulations for a through lounge and removal of wall between kitchen and dinning room. There is also a double garage which shows up as a single garage on the land registry plans.

The vendors have said they bought the house like that 30 years ago and have no records of these. Would this cause us any problems when we came to sell. We did arrange a full structural survey which did not highlight any major issues.

Shall we go ahead and exchange contracts? Our solicitors are useless. They have been telling us that they are waiting on replies to enquiries and I had to ring the vendors myself today who said they answered these straight away a couple of weeks back.

Many thanks in Advance.

PL

kiddy_guy

I suppose the best way of looking it is this.

If you bought an original unchanged Victorian or Edwardian house, would you be looking for compliance with building regs or PP?

30 years ago the rules would be completely different. If you make an appt. with the local planning/building team at the council offices, they can check their records thoroughly, something which your solicitor may not have done.

Otherwise a full structural survey will show you whether it is likely to fall down.I'd suggest if it's been up over 30 years it's unlikely to fall down now.

pmlindyloo

Before you contact the council I would be considering whether your mortgage lender is prepared to lend you money if the planning permission and building regulations are not available.

Mortgage lenders appear to have no idea about these things and often demand that if they are not available then an indemnity insurance is put in place.

This is relatively cheap and will often meet the lender's requirements.
If this is what they ask for, to save a lot of hassle, get one.

If you contact the council about the particular house then any indemnity insurance will be invalid so if you find yourself in this position with your lender then do not contact them. Just get an indemnity insurance to satisfy the lenders.

You have had a full structual survey then you know that there are no problems.

This question comes up so often and people will worry themselves silly about it.

Unless you are asked to get an indemnity insurance by your mortgage lender then do nothing and go ahead and exchange.

The really important consideration is are the alterations safe? You seem to have this covered.

Fire_Fox

Structural engineers report? Personally I wouldn't buy it, no building regs could mean a complete bodge is hidden behind the plaster. If your solicitor is useless appoint a new one.

Furts

I will approach this from a slightly different angle.

Does it appear that the garage was altered over 30 years ago?
Are the vendors telling the truth?
How did the vendors obtain a mortgage if these items were not resolved?
Might the vendors have done the work? Might they be hiding something with the works?
Do you trust the vendors?
Were these items brought to the attention of the surveyor/engineer for him to delve into? He would not know if there was a discrepancy with the Land Registry records or there being no application for Building Control.

Poorlass

Thank you very much to everybody for all your responses.

I guess I am not convinced that these changes were 30 years ago but the vendors seem like honest people.

I have just read the lender's valuation report and it states that " ... The valuation is provided on the assumption that all relevant Planning and Building regulation and any other necessary consents were obtained at that time.

I have also looked at the Council's planning department and they got some consent for the kitchen and rewiring in 2008 but there is nothing else on record.

From the structural report we arranged it suggests that there have been minor alterations and the supports to these new openings were not visible... " although these works were carried out a number of years ago and there is no evidence of any subsequent movement within the adjacent structure to give cause for concern".

I will discuss with the OH when he gets in from work tonight and decide on a way forward.

Many thanks everyone for taking the time to respond :T

Stuctural_Crack

Poorlass,

Only work carried out after November 1985 requires Building Regulations, which is the date that the Regulations in the UK had a complete overhaul. For work which predates 1985, you have to consider the following.

Check when the property was last decorated, if it was very recent have the owners tried to hide cracks? Remember that a crack is normally only an issue if it is wider than 5mm. Hairline cracks are normally due to changes in temperature and drying plaster.

If there is no visual signs of cracking or movement after 30 years then is is reasonable to assume that the work was carried reasonable standard.

Check the external walls with a spirit level are they plumb. Also check the ceiling ties in the loft are they also plumb. If not this can indicate that there is movement.

Lastly, if you have concerns initially get a general building survey done by a RICS surveyor. They will be able to advise you if there are any issues and if you need a Structural Survey done by a Chartered Structural Engineer. Think of the RICS surveyor as a GP who can give you advice on the entire building (heating, electrics, damp etc) and and the Structural Engineer as a specialist Surgeon, who can advise on any specific defects. Please ensure you use a Chartered Structural Engineer as they are fully qualified.