Guidance please - No buildings regulations

ey143

I’m in the early stages of buying a house. Just had a building survey completed on a large house in Watford (awaiting the results) but due to the type of person I am, having been doing my own extensive due diligence on the property.

I have established from the buildings regulation dept at the local council that they have no records of a site visit being made for various work done to the property (split from a neighbour to make it a detached dwelling, garage and double storey side extension and also a loft extension). They claim to have not also issued a certificate of completion. This was all in 1985/86. The vendors of the property have emailed me a paid invoice showing the fees having been paid, but that doesn’t mean that the buildings regs were granted (there is no question of planning approval being denied here because that was all approved and granted, so this is purely buildings regs).

The vendor is now approaching his builder who did the work to find out who the buildings regulation officer was at the time, though I’m not sure how that will help if there are still no documents to be found.

I’m only reading about indemnity insurance etc now by looking at this forum, but to be honest, I don’t give a monkeys (I think) about the council not taking action. I’m more concerned about the house being safe and not falling down – despite it being nearly 20 years since the work was done.

After a lengthy conversation with the council and after they initially thought they could not give retrospective approval, they said anything after 1985 can be granted approval, though in practice I’m sure they will be more strict now v 1985 and this will require various damage to the property to make the inspections. The house is in need of total renovations anyway which I plan to do.

I know the vendor has strengthened one of the ceilings with I guess a metal RSJ as he talked about compression (I know this might send alarm bells ringing) but the house appears solid. I had a brief discussion with the surveyor after and he said the house is solid but he is not a structural engineer and only a structural engineer can give a qualified opinion in that regards.

What are my options here? The estate agent has said I have shot myself in the foot as I wont be able to get indemnity insurance now but as far a I can understand from having read other postings here, that only stops the council from taking action. They have told me they wont take action because of the time period that has passed but it wont make it easier for me to sell the place later and more than anything else, I want to ensure the house is safe.

Negotiating a discount (if necessary) is the last stage. Anything else I can do (other than ask the council to put in writing they will not bring action)?

Thanks.

angrypirate

Indemnity insurance would have covered making the building works good if ever found out by the council, but as you rightly say, you have approached them so any policy is void.

In all honesty, this is why you pay a solicitor to do the conveyancing - they would be able to give you all your options and advise you on the best legal positioning. Instead you are putting your trust with strangers on an internet forum?

ey143

Thx for your reply.

I'm not putting my trust in anyone on an internet forum, I'm simply trying to understand what other people have experienced and their outcomes, as anyone would do with any research of any type.

camptownraces

ey143 wrote: »

I know the vendor has strengthened one of the ceilings with I guess a metal RSJ as he talked about compression (I know this might send alarm bells ringing) but the house appears solid. I had a brief discussion with the surveyor after and he said the house is solid but he is not a structural engineer and only a structural engineer can give a qualified opinion in that regards.

What are my options here? The estate agent has said I have shot myself in the foot as I wont be able to get indemnity insurance now but as far a I can understand from having read other postings here, that only stops the council from taking action. They have told me they wont take action because of the time period that has passed but it wont make it easier for me to sell the place later and more than anything else, I want to ensure the house is safe.

Negotiating a discount (if necessary) is the last stage. Anything else I can do (other than ask the council to put in writing they will not bring action)?

Thanks.

If you are still keen on this place, take your surveyor's advice which is what you paid him for.

Get a structural engineer in.

Your solicitor would no doubt agree that this is the prudent thing to do.

Yorkie1

Because you have spoken directly to the council, you have prevented this seller - or anyone else in succession - ever obtaining an indemnity insurance policy.

A lender may refuse to lend unless the property has either indemnity insurance or B Regs sign-off. Even if your current lender is willing to take the risk, you cannot guarantee that any buyer from you or their lender will take the same view.

Furts

Yorkie1 wrote: »

Because you have spoken directly to the council, you have prevented this seller - or anyone else in succession - ever obtaining an indemnity insurance policy..

This sounds good because it means the situation is being regulated. The seller has to resolve the situation or accept the house may not be sold.

ey143

Well on the basis that I asked both the agent and the vendor several times if both planning and building regs are in place for the extensive building works they have done in the last 20 years, I have absolutely no qualms or sympathy if it turns out that they lied and the council now knows.

The fact that I have asked up front, they should have been truthful. I don't see why I should pay upto £2k in legal fees only to be told what I could have found out myself and the deal falls apart and I waste two months. I care more for health and safety that some silly indemnity. I'd rather be alive than have an insurance policy on the extension.

Would you buy a car without asking about its history and solely rely on the hpi check? Basic research hurts nobody and of a seller chooses to hide or lie about the truth, he has only himself to blame.

DRP

Furts wrote: »

This sounds good because it means the situation is being regulated. The seller has to resolve the situation or accept the house may not be sold.

and might even be a decent strategy for the OP to get the house at a lower price :whistle:

If i was a vendor i#d be more than a bit peeved the OP had put the kibosh on the indemnity option...

ey143

Well telling the truth when asked doesn't hurt anybody.

phill99

Just because final approval wasn't given doesn't mean it wasn't inspected. Typically, an application is made and the fees paid. An inspection would typically have been carried out to ascertain the depth of foundations, prior to them being poured, plus other stages during construction.

Final inspection is just that. The final inspection. It doesn't mean it wasn't inspected during construction.

Why not ask building control to issue a certificate? I you get them to do final inspection. Remember they will only base it on building regs in force at th time.

System

ey143 wrote: »

Well on the basis that I asked both the agent and the vendor several times if both planning and building regs are in place for the extensive building works they have done in the last 20 years,

As you say the work was done in 1985/86 then they have not been untruthful. I make it that the work was done 27 years ago, outside the timescale yoou were asking about.