Building regs & conservatories - what are the facts & will this house have problems?

spidereyes

florence4 wrote: »

Update (if anyone's interested!)...

I've spoken to my solicitor and the EA this morning and got a bit more information:

- The conservatory required PP (despite its size, because of its construction) - and according to the vendors, it had it (tho I can't find the application on line).
- It will def have needed BR certification and doesn't have it.
- The attic can't be used as a room until it has a staircase and is BR compliant - but I knew that, and the same goes for about half of the other houses I've looked at.
- Buildings insurance doesn't cover extensions that don't meet BR, so if I bought it and it fell down, I couldn't claim to rebuild it, or claim for any damage it did to the rest of the house as it fell.
- The foundations are the real issue. The lack of doors is easily and relatively cheaply solved, if it turns out to be an issue.

I told the EA that I think there are two ways forward from this: (a) either the vendors apply for 'regularisation'/retrospective BR approval, and then I may raise my offer; or (b) they accept my offer of £130k, and if the survey reveals no problems, I'll proceed and carry the cost and risk of 'regularisation'/getting retro approval myself.

I got a swift call-back from the EAs saying that the vendors were applying for 'regularisation' and had already contacted the council to arrange inspection.

Just to advise, as I mentioned in my previous post, if the council have been informed then you cannot now put an indemnity policy in place. Of course if the building works get signed off then there isn't an issue but if they don't then there is of course a problem.

In respect of the planning permission for the conservatory then it should come up on your local authority search - have you had this carried out yet?

lincroft1710

Even if the vendors obtained PP, did they get a final inspection. I think you're doing the right thing getting the vendors to apply for regularisation.

BobQ

What is the loft room for? A loft room does not need to have a fixed staircase unless its used as a BEDroom. If its just a storeroom or home office and does not enlarge the volume, you only need to comply with building regulations by using approved installers for windows and electrics. If you increase the volume by building a dormer the loading of the floor/walls/roof will need BR certification.

There is also a difference between BR certification (by an inspector) and compliance (in respect of windows/doors/electrics) by using approved contractors to install them.

If you install an external quality door and window to the original wall and use an approved contractor and materials for the electrics and windows in the small "conservatory" it does not usually require BR certification as its essentially a temporary structure. But without an external quality door/window in the original wall you will need BR and PP. Its pretty stupid to take the external door out anyway since a polycarbonate sheeted conservatory is going to leak heat especially if the wall is single brick (you do not make this clear).

florence4

spidereyes wrote: »

Just to advise, as I mentioned in my previous post, if the council have been informed then you cannot now put an indemnity policy in place. Of course if the building works get signed off then there isn't an issue but if they don't then there is of course a problem.

In respect of the planning permission for the conservatory then it should come up on your local authority search - have you had this carried out yet?

>> Thanks spider, that's exactly why I'm encouraging them to get the retrospective permission. And no, I haven't had the formal LA search done yet, partly because I can search for planning apps for free online, and partly because I don't want to spend money if they aren't trying to sort this out...

My two options are (a) they accept my low offer and I bear the cost (and risk) of certifying/'regularised' the conservatory, or (b) they get it regularised and I come back with a higher offer.

I had another call from the EA today, which was (I think) essentially to see if I was bluffing! I'm not - because it seems to me to be madness to take on a house with an extension built on a slope, whose foundations haven't been checked. I'm pretty sure any other potential purchasor will think the same - or will have the problem pointed out to them by their surveyor or mortgage co.

The vendor seems very confident about the quality of the work. And it looks fine. But so long as its foundations have not been checked, it's too risky.

I think the vendors may well decide to sort it out.

Thanks lincroft.

Thanks Bob. The attic room isn't being sold as a bedroom, so it's not really an issue in negotiations - though my son really wants to use it as a bedroom, so I will prob need to get it sorted.

There is no external door, it was a window turned into a door (which requires BR in itself), and it was installed by a 'builder friend' plus DIY job, not approved contractors. But to be honest, the door issue isn't too much of an issue - that's easily fixed. It's the uncertainty about the foundations of an extension built on a slope that is my main concern.