Valuation report - question for you...

nick78447

Hiya,
I've had the mortgage valuation report back for the house we're in the process of buying. In the "General observations" section, it says -

"I understand the property was originally built with a loft bedroom but it is evident that the room has been enlarged since and it is possible that this work required building regulation."

We spoke to the vendor about this, who assured us that planning permission was not required and there was no problem. A surveyor friend also pointed out that as the work had been done over a year ago, it wouldn't matter anyway because of the passage of time.

It's only a small worry, the house is in top nick all round, and if we insisted on getting retrospective planning permission it could hold the whole thing up by months. As it stand we might just be in by the end of this month.

Any thoughts or advice would be much appreciated.

rjm2k1

Planning permission would probably not have been required but building regs will have, they are different. Building regs ensure things like fire escapes, materials used etc etc. It's probably not an issue to worry about, especially if it was done a long time ago. If it was more recent you can get indemnity insurance to cover any issues if the council ever find out, but make sure you don't let the council know about the enlargement. Ask your solicitor for more details, they should be able to advise you.

silvercar

We spoke to the vendor about this, who assured us that planning permission was not required and there was no problem. A surveyor friend also pointed out that as the work had been done over a year ago, it wouldn't matter anyway because of the passage of time.

Totally agree. An internal extension wouldn't require PP and no action can be taken on work done over a year ago regarding building regs.

If the surveyor is happy, I would proceed.

nick78447

Thanks for the replies guys.

I suppose my next question is to do with if we ever sell the house on. In the not too distant future, the HIPs will be in place - if we went for the indemnity option, is this something we'd have to produce as part of the pack?

If the HIPs had been in place, would this have come up as part of it? Would the seller have had to produce the building regs?

And is the indemnity policy "transferable" from owner to owner? ie - does it come with the house once it's taken out?

Many Thanks in advance for any replies...


Nick.

wecanhelpu

Copies of planning and building regs. consent forms are to be included in HIPs.

But if there aren't any, then you don't have to include them.

Doozergirl

The policy is transferable, but it's also pointless. If the vendor wants to pay for it then fine, but I wouldn't spend anything on it.

andrewmoorcroft

silvercar wrote: »

Totally agree. An internal extension wouldn't require PP and no action can be taken on work done over a year ago regarding building regs.

Wrong. Who said it was internal only? If it is external or has changed appearance externally it may need planning permission depending on size etc. You can sometimes need planning permision to change the use of room even if internal only. Building regs can force people to make safe properties that were modified more than one year ago. Also insurance may not pay up if a problem arose due to it not meeting building regs in a similar way to your house burning down with illegal electrics/gas.
Having said all that, if you are not structurally minded then i would seek advice from someone you can trust or even pay someone. Chances are that you dont need planning and if its built to blg regs there will not be a problem even if an application was not made.

nick78447

Thanks for all your replies, they're much appreciated.

I just can't understand why someone would get a big project like a loft conversion done, but not get building regs (I think he's an architect as well). Both surveyors have made an issue of it (as would anyone else's), so why leave yourself open in such a way?

I suppose I'm annoyed because it's us who are effectively being asked to take a risk (not good when you're spending over a quarter of a million quid).

Like someone said, the indemnity insurance isn't worth the paper it's written on (although I'm tempted to try and make the vendor get it). What concerns me is if we came to sell the place we'd face the same problems - and I'm sure I read elsewhere of someone's buyers informing the planning officer about the work, which means they then couldn't get insurance. So confusing!

Doozergirl

If he's an architect, he would be able to give you an architects certificate which insures you against his negligence if there is something wrong with it.

Are you it's him that did the work? If he is an architect he will understand the importance of building regs. I personally wouldn't be too happy with buying a property from the person who actually carried out the works without proper supervision, without having a structural engineer look at it.