Survey issues - Fire regulations etc

srt86hil

Hi all

We had a survey done the other day on a 2-bed leasehold flat (converted period property) we're purchasing, and I had an initial chat with the surveyor who raised the following issues:

1. Layout of flat does not meet Fire Regulations

The entrance door from the communal hallway goes straight into the living room. Apparently this is against fire regulations and we would need to install some sort of sprinkler system or create a lobby in the flat. I'm surprised by this, because there must be thousands of flats in London with this configuration, or which don't meet Fire Regulations in some way. The surveyor said he doesn't want us to exchange without sorting this so it must be serious. What would the possible implications be for ignoring this? Would this invalidate insurance? If so, surely there are thousands of people who don't realise that they're living with invalid insurance?

2. Possible drainage leak under the property

This is obviously something that would need sorting if there does turn out to be a leak, but it would need a plumbing survey first to assess. What should we be doing here? Should we get a survey done so that we can take the cost of the works off our offer price if it turns out there is a leak?
The flat is leasehold so is the Freeholder responsible for sorting this? Presumably the upstairs flat is jointly liable? What if he doesn't have the money for the works or doesn't want to cooperate?

I don't know if I should be presenting these problems to the vendor (who lives overseas) or I should cost them up, take them off the offer price and just sort them myself after completion?

Any help would be very much appreciated!!

Thanks

Doozergirl

Has the vendor made these alterations? What the surveyor suggests is certainly what current building regulations would demand. There is a fashion for moving kitchens into the lounge and/or knocking down walls in flats over the last 10 years or so.

If the layout pre-dates the regulations then it is not expected to comply.

If the regulations did apply to the work then It may be possible that indemnity insurance could be purchased if you are happy with your means of escape if a fire did occur in the kitchen (the most likely place, after all!) but you would need to ask your solicitor.

Could you ask the surveyor to be more specific on the drainage issue? Has he noticed a particularly wet area or movement in the property? If it's a drainage issue then you need someone to dig a hole, find it and replace it. Perhaps a job for the freeholder - I guess it depends on how adamant the sureyor is that it is rectified before purchase.

srt86hil

Thanks for the reply. I don’t know when the house was converted into flats, but would assume it pre-dates the vendor who has owned the flat for under 10 years. How can I find out when this particular regulation was established?

The surveyor has noticed a single stack at the rear which presumably drains to a manhole cover at the front which has no sign of water passing through it. He reckons surveyors with cameras would be able to assess that the pipes do indeed run to the front and that there is therefore a leak.

If it’s a job for the freeholder, is this something that can wait until after completion?

Doozergirl

A CCTV survey wouldn't cost much - perhaps £100 or less maybe? It would give you an idea of whether there is a problem and could be a bargaining tool. The vendor could leave some money in retention towards any work. This would be preferable to not knowing?

If you are happy with the layout as it is, ask your solicitor if an indemnity policy could be purchased (preferably by the vendor) to cover any lack of building control approval. It would save all the homework which doesn't achieve anything or push that responsibility onto the vendor.

srt86hil

Thanks for your help so far.

Just two more questions:

1. For the issue about not meeting fire regulations, the surveyor reckons insurers wouldn't pay out if the house burnt down because of this. Is this right? Do insurers not pay out if a house has any issues not complying with fire regulations? Surely that's the majority of properties??

2. Could we delay getting a CCTV drainage survey done until after completion, and then claim on the Freeholder's buildings insurance if any work needs doing? Our surveyor thought that this was dishonest, but I don't understand why. Surely if the Freeholder already has buildings insurance, it wouldn't be like we were taking out insurance in the knowledge of a fault - the insurance is already there! Any ideas??

Thanks everyone.

da_rule

1. Insurers will look for any way to get out of paying. If you are buying on a mortgage this may panic the lender.

2. Again your issue here will be the lender, they may withhold some of the mortgage advance until the survey has been done. For the sake of £100 I'd get it done. That way you could insist it is repaired by the seller prior to competition.

srt86hil

How would the lender become aware of the contents of the surveyor's report? It's an independent report and as far as I'm aware, I don't need to show it to my solicitor or lender do I?

G_M

Were the relevant fire regs in force at the time the conversion was done?

If yes, then the property should comply.
If no, the property does not need to comply.

For responsibilty of repairs to drains, read the lease. Most likley is freeholder's responsibility to fix, with cost shared by the leaseholders. But that's a guess.

Ring surveyor and ask what he means by 'possible leak'. What did he see? If in doubt and woried, get a drainage plumber in.

Claing drainage work on the buildings insurance depends on:

* insurance policy wording
* whether the problem is an 'insured risk' (eg caused by fire, earthquake etc)
* whether the cover includes 'accidental damage' and whether the problem falls within this.

Generally, wear and tear/ routine maintenance are not covered.

srt86hil

I don't think I have any way of knowing when the property was converted - all I can tell from the lease is that it was more than 15 years ago when the lease started!
The solicitor hasn't raised any issues with Building Regulations - can I assume the fire issue is a risk worth taking?