I think we've lost the house... and it could be my fault?!!

bpk101

My partner and I are about 8 weeks into a house purchase, offer accepted, mortgage secured, all surveys done and solicitor searches almost complete…

We had plans to carry out some extension work on completion and I was advised by a number of architects and an ‘expert’ at a recent home renovation show to submit a 'pre-application' form for planning as soon as possible. This will not only shed light on the likely outcome of any planning application but also speed up the process when we do… essential given we wanted to start the works immediately.

The council responded, a lady from the planning department visited the house with me last week (estate agents gave me access to do so) and was very poisitive that any response to a planning application would be favourable.

Well... the only outstanding search enquiry not satisfied so far is building regs for previous alteration works carried out at the property circa 2001. ‘Not a problem’ said our solicitor, 'we can request indemnity insurance'… however it has now transpired that having submitted a pre-application form to the council - a section of which alerts them to previous extensions works on the house - has now invalidated any indemnity insurance policy.

How on earth was I ever to know this and why was I advised to submit a pre-application form?

The only course of action left to take we’ve been told is to ask the vendor to produce ‘regularisation certificates' for the work carried out in 2001. But in response to this, the estate agents forwarded me an email exchange between the vendors solicitor and my solicitor that reads:

"Sorry, this will not be provided.
The limitation period for breach of building control has elapsed.
Either take a view or return the draft papers. In the meantime we have instructed the estate agents to re-market the property for sale."

How did we get here and what can we do to resolve??!

:mad:

mrginge

I suggest you either take a view or return the draft papers.
And make your mind up pretty quick.

DRP

bpk101 wrote: »

How on earth was I ever to know this and why was I advised to submit a pre-application form?

Too late now, but your solicitor would have been the one to get advice from...

BlaEm

What are you worried about r.e. the building work completed in 2001?
The council can't make you rectify as indeed the limitation period for breach of building control has elapsed (11 years).

So an indemnity for lack of building regulations would be a waste of money:
"...these policies only deal with enforcement action by the Council, they do not address the question whether the offending works were carried out to a high build standard and so do nothing to remedy the works if they present a danger to health and safety."

http://www.trethowans.com/site/library/legalnews/lack_of_building_regulation_consent_why_legal_indemnity_policies

If you're concerned about structural issues, if you've had a full structural survey and no issues were raised with the work in question then I don't think you have anything to worry about.

Belindav123

The council will not enforce anything at this stage, so either live with it or walk away.

If you are worried about the structure, get that checked out and then decide if you want the hassle/risk.

botchjob

Take a deep breath. Engage your brain. Think hard about how important it is (or ISN'T...) to have a piece of paper and/or indemnity insurance for work done way back in 2001.

Then if you still want the house, shrug and tell your solicitor you're a grown up who doesn't need every last scrap of reassuring paper.

Thrugelmir

What were the works done in 2001?

bpk101

Kitchen Extension (which we're going to a fit a new bigger extension anyway)
First Floor Bathroom extension
Windows replaced (which we're going to replace again anyway)
Partition wall between 2 receptions removed

Then in 2005, electrical and boiler replacements

Structural survey (apart from a slightly sloping floor in bathroom, poor water volume in bathroom and some unrelated damp issues that we've had costed up to rectify already) deem the house structurally sound.

stator

Is the mortgage company insisting?

drdpj

If your mortgage company/solicitor is happy without the indemnity then I'd just go for it. As others said, indemnity only covers the council trying to enforce compliance, it doesn't cover it falling down because it was substandard. So if you'd have been happy with the indemnity, then you've every reason to be happy without

d.

rpc

Indemnity helps you if the council enforce. They can't enforce because they are beyond the time limit.

Indemnity doesn't help you if the house falls down because it was dangerously non-compliant. There is no time limit for houses falling down.

Being structurally sounds depends on things that neither you nor your surveyor can see. All you can do is make a best guess. It's probably fine (based on your survey).