No Building Regs just an Indemnity-HELP

hivoodoodoll

Right,

So I have had a letter from my solicitor saying 'the valuer states that there should be building regulation consent for the loft conversion. If there is no building regulation consent for the conversion we will need to report this to your lender'.

I have texted the EA as I was told by them that all building regs were in place before putting in the offer. The reply came back saying the seller has an indemnity in place!!

I have no real idea what that means or what implications it will have so would appreciate some advice.

Hump

Seek advice from your solicitor - it's what you are paying them for

DRP

https://forums.moneysavingexpert.com/discussion/5108108

kiddakidda

A bit naughty on the part of the EA. You either have a buildings regs cert or you don't. Indemnity insurance is provided on the basis that it was never obtained and in any event will only protect you if the council were to try and prosecute you for not having building regs.

What has the loft been converted into?

Yorkie1

An indemnity only protects you against the council enforcing B Regs, which becomes impossible after the work has been done for a certain number of years. It provides no guarantee about the quality of the work.

A proper conversion should strengthen the floor joists (generally, loft joists are not strong enough for heavy storage or regular living) and insulation to a particular standard for starters. Without opening up holes to prove they've done it right, you have no way to know how safe it is and which corners they cut.

Also, it should not be counted as a usable room on property description e.g. bedroom numbers, so you may wish to reconsider whether you've offered the right amount of money for the property.

hivoodoodoll

DRP. I'm posting this again because i wanted some help and wasn't getting it from my original post. Not really sure why you posted my original link though. Can't see how that really helped me!!

I will talk to my solicitor on Monday. I don't think she is aware of the indemnity because I only found out about it after I had her email saying she couldn't find consent. Just annoyed that all this happened on a Friday afternoon when I can't speak to anybody two days.

The room has been converted into a bedroom, is being used as a bedroom and was advertised as a bedroom when the house was put on the market.

I guess what I really want to know is if I continue with the sale of the house can I get retrospective building regs and how much will it cost. From what I have read a lot of work would have to be done and holds would have to be made and it could cost quite a lot of money.

I am having my building survey done on Monday which I'm not quite sure is good or bad as I couldn't no longer be buying a property which is a waste of £500 or they could give me more information or help. I just want to scream at the moment.

davidmcn

hivoodoodoll wrote: »

DRP. I'm posting this again because i wanted some help and wasn't getting it from my original post. Not really sure why you posted my original link though. Can't see how that really helped me!!

The netiquette here is to add to your existing thread about the same topic, not start new ones every time something happens.

I guess what I really want to know is if I continue with the sale of the house can I get retrospective building regs and how much will it cost.

In theory yes, but you don't want to as any contact with the council would invalidate the indemnity insurance.

I am having my building survey done on Monday which I'm not quite sure is good or bad as I couldn't no longer be buying a property which is a waste of £500 or they could give me more information or help.

It should tell you whether or not there are actually any problems with the conversion. Bear in mind that a certificate from the council only shows that they thought it complied with building regulations at the time - it isn't a guarantee of it being good quality, or of what condition it is in now.

If the survey is clear and you have the indemnity then (in most people's eyes) everything is fine.

Cissi

hivoodoodoll wrote: »

DRP. I'm posting this again because i wanted some help and wasn't getting it from my original post. Not really sure why you posted my original link though. Can't see how that really helped me!!

Probably because it's bad forum etiquette to post several threads on the same subject (never mind with the exact same content)! It's confusing for everyone else who can't see what's already been said/suggested. Posters aren't being paid to help you and funnily enough some don't like spending time giving advice that's already been given. You may not have liked the replies on the other thread but posting the same thing again won't get you any more new ones than a simple "bump" of the other one would have done.

hivoodoodoll

Thanks for the advice on netiquette. Won't do it again.

kiddakidda

Another question would be when was the loft conversion done? It is my understanding that before 1990 things were a little different in regard to planning permissions and permitted development.

DRP

hivoodoodoll wrote: »

DRP. I'm posting this again because i wanted some help and wasn't getting it from my original post. Not really sure why you posted my original link though. Can't see how that really helped me!!

I will talk to my solicitor on Monday. I don't think she is aware of the indemnity because I only found out about it after I had her email saying she couldn't find consent. Just annoyed that all this happened on a Friday afternoon when I can't speak to anybody two days.

The room has been converted into a bedroom, is being used as a bedroom and was advertised as a bedroom when the house was put on the market.

I guess what I really want to know is if I continue with the sale of the house can I get retrospective building regs and how much will it cost. From what I have read a lot of work would have to be done and holds would have to be made and it could cost quite a lot of money.

I am having my building survey done on Monday which I'm not quite sure is good or bad as I couldn't no longer be buying a property which is a waste of £500 or they could give me more information or help. I just want to scream at the moment.

I added the link so as to add some background info for those reading - it wasn't to tell you off!!

As I posted in your previous thread, regularisation can be sought from the council - however it would be less risky (for you!) to get your vendors to do it. However this may not be accetable to your vendors as it will invalidate their indemnity if they seek regularisation and their conversion cannot achieve it....

As for costs, it isn't expensive to get the council inspector out, but it may be expensive if it fails!!