No building Regulations

richand

Hi All,

I am in the process of buying a house and have literally hit a brick wall.

The house has a garage conversion that has no building regulations completion certificate, this is noted on the local authority search.

The vendor bought the house with no building regulations certificate but they where able to get indemnity against the work but my solicitor believes this is invalid as the council are aware of the lack of certificate as the people my vendor bought off contacted the council about it in a panic during the conveyancing process when they bought the house 3-4 years ago.

now, I don't know where to go from here, my solicitor hasn't really given me any options and has basically said to my vendors solicitor "get the certificate or sales off" and they haven't responded to this.

The house is perfect for us other than this lack of regulations! unfortunately it isn't anywhere near worth the price without the garage conversion.

nom_de_plume

The solicitor works for you so he shouldn't be threatening to pull out without first consulting with you.

My thoughts would be, unless there's a way round of guaranteeing the council issuing a retrospective planning / br approval, then you should be buying the property at a price reflecting what it was and not what it is.

Tancred

richand wrote: »

Hi All,

I am in the process of buying a house and have literally hit a brick wall.

The house has a garage conversion that has no building regulations completion certificate, this is noted on the local authority search.

The vendor bought the house with no building regulations certificate but they where able to get indemnity against the work but my solicitor believes this is invalid as the council are aware of the lack of certificate as the people my vendor bought off contacted the council about it in a panic during the conveyancing process when they bought the house 3-4 years ago.

now, I don't know where to go from here, my solicitor hasn't really given me any options and has basically said to my vendors solicitor "get the certificate or sales off" and they haven't responded to this.

The house is perfect for us other than this lack of regulations! unfortunately it isn't anywhere near worth the price without the garage conversion.

Surely can you not simply buy and then get an indemnity certificate yourself? This seems a minor issue - it's not as if someone from the council will come with a sledgehammer and knock it down!

richand

I agree, but my solicitor is demanding the certificate and not accepting the liability insurance at all.

the survey shows the conversion to be fine, I am guessing it is the lender who is dictating this to my solicitor?

Bluebonnie

Building Regulations sign-offs are there for your protection.
How can you be sure that the structure is safe?

A garage conversion probably involves RSJs, concealed behind plastered ceilings. How do you know these have been done properly: did your surveyor hack into the plaster?

This sort of thing would cause your lender to withdraw their mortgage offer. That will be why your solicitor has acted as he did.

richand

Bluebonnie wrote: »

Building Regulations sign-offs are there for your protection.
How can you be sure that the structure is safe?

A garage conversion probably involves RSJs, concealed behind plastered ceilings. How do you know these have been done properly: did your surveyor hack into the plaster?

This sort of thing would cause your lender to withdraw their mortgage offer. That will be why your solicitor has acted as he did.

Hi Bluebonnie, Fully understand that but surely a build done 6-7 years ago wouldn't meet today's building regulations anyway so its a bit of a pointless (expensive) exercise.

a new indemnity policy stating the council are aware of the build would surely cover myself and the lender?

Bluebonnie

richand wrote: »

Hi Bluebonnie, Fully understand that but surely a build done 6-7 years ago wouldn't meet today's building regulations anyway so its a bit of a pointless (expensive) exercise.

a new indemnity policy stating the council are aware of the build would surely cover myself and the lender?

There's plenty of information about retrospective approval for building work on the web, on various local authorities' sites.

Try this one from Bromley, it's more authoritative than us lot of random people:

http://www.bromley.gov.uk/info/200011/building_control/89/building_regulations-a_guide/7

Bluebonnie

richand wrote: »

Hi Bluebonnie, Fully understand that but surely a build done 6-7 years ago wouldn't meet today's building regulations anyway so its a bit of a pointless (expensive) exercise.

a new indemnity policy stating the council are aware of the build would surely cover myself and the lender?

PS - does an indemnity policy cover the event that the building collapses because of some structural defect?
I thought it indemnified against a prosecution of some kind.

Presumably your solicitor has explained, so perhaps you could clarify?

Thrugelmir

richand wrote: »

Hi Bluebonnie, Fully understand that but surely a build done 6-7 years ago wouldn't meet today's building regulations anyway so its a bit of a pointless (expensive) exercise.

If not done properly then won't be insulated. Personally I would revise the offer or move on. As you'll have same issues selling.

G_M

A lot of dodgy information/advice above:

* nom de plume- if the OP is getting a mortgage, the solicitor (probobly) also works for the lender. And the lender may well instruct the solicitor to ensure BRs is in place or a valid indemnity policy

* Tancred - if the council are aware of the conversion, indemnity insurance will be invalid. It's like your GP telling you you have cancer, and then you take out health insurance. Sorry. It won't pay out!

* However, after 12 months, the council cannot use a S36 enforcement notice anyway- so the policy is pretty pointless. These policies are generally insisted upon by lenders for no real reason

* Bluebonnie. Right! Without BR there is no way to know the conversion was done right, or is even safe

* A policy will not insure against building collapse. Nor will building insurance. Indemnity insurance only insures against the costs associated with council enforcement (see above!)

smjxm09

A few years ago my solicitor missed the fact that the extension on the house I was buying did not have a building regulations completion certificate.
When I came to sell it the same solicitor who was now working for the buyers did spot it. The inspector who I then had to pay condemned the type of roof tile used due the the shallow angle of the roof and I had to pay for the roof to be re-tiled.