Can you insure an extension without building regs approval?

florence4

Hi, I've offered on a house that has a conservatory extension built on steeply sloping ground. It has (apparently) very deep foundations at the 'shallow end' closest to the house, and 'normal' foundations with a 6ft front elevation at the end furthest from the house. It does not have Building Regs approval and clearly should have had.

I have asked the vendors to apply for retrospective approval/ regularisation. I take the view (and my solicitor confirms) that indemnity insurance is useless under the circumstances because it only protects against enforcement action, not against any structural problems or collapse (e.g. if there was subsidence on the slope).

The vendors are not keen to apply for retrospective approval. I understand why (expensive fees, plus the risk that they might be told to carry out expensive work to meet standards and get sign-off)... but equally, I do not to carry the risk of buying a house with an extension that might fall down, and/or do damage to the house itself or its neighbour. :eek:

My solicitor warned me that standard buildings insurance probably would not provide cover for problems with an non-approved extension.

If the vendors continue to resist seeking regularisation, I am wondering whether there is any other way forward - other than walking away, of course? For instance, is there a special insurance policy that does provide that kind of cover?

Thanks in advance.

ValHaller

If the vendors are not prepared to get a regularisation, walk away and don't look back. Why buy the things the vendor is trying to hide?

florence4

I don't think they're trying to hide anything... I think they are very close to negative equity and very reluctant to spend money they can't well afford.

Someone has mentioned that it may be possible to re-write the contract of sale so that it specifically leaves the vendors liable for any problems... Does anyone know anything about that? I doubt they'd want to sign that, so it might focus their minds on sorting it!

Guest101

Lower the offer substantially? as there is a risk involved. Their lender may not know about this extension too

ValHaller

florence4 wrote: »

.... Someone has mentioned that it may be possible to re-write the contract of sale so that it specifically leaves the vendors liable for any problems...

No, it does not work like that. If you buy it, you take on all the risk. You would struggle to make them pay even if you could pin it on them legally, which, unless they have actively misrepresented the property you could not do.

Which is why I suggest you walk away.

florence4

Thanks Guest. I have basically done that... I have said "Here's a low offer of AP minus £20k. If you get BR sorted, I'll consider raising that, otherwise that's my max".

Val, so it's get them to sort BR or walk away, in a nut shell...?

Tomm20

You need to determine if the addition to the property is classed as an extension or a conservatory.

Under certain circumstances, conservatories do not require building regulation approval.

I am not sure of the distinction any more, but I seem to remember it was dependent on the floor area of the "conservatory", the percentage of glazing, separation from the main dwelling by external grade doors and what the roof structure is and how it is heated.

A quick, informal call to your Local Authority Building Control department will answer this.

It may also not require a Planning application as it may be "permitted development" , again, a quick informal call to the Planning department can answer this.

Good luck.

florence4

Thanks Tomm. I have already called the LA Building Control to check that: this isn't exempt and would def require BR.

I think I have found a friend-of-a-friend who will survey the property for me...

G_M

Since your concern is (rightly) the quality of the construction, rather than the risk if council enforcement action (which cannot happen after 12 months anyway - indemnity insurance is a scam!), how about asking them to pay the cost of a structural engineers report?

This might involve digging down to examine the footings, but avoids the council, and the problems of regularisation.

florence4

Thanks GM. That is what we have decided to do.