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Buildings regs for work carried out pre 2001

Another dreaded building regs question - the property we currently own has a canopy erected at the rear ( its a bungalow)... when we purchased the property in 2008 the previous seller stated that the canopy was already erected when they purchased it back in 2001 - so it is at least 14ish years old... there was no buildings cert for it/planning permission ( as i understand it, no PP was required). Now the buyers of our bungalow are asking us to purchase an indemnity policy for lack of building regs cert for this canopy. Again my understanding is that an indemnity policy is pointless as more than 4/6 years has passed since the work and so the council have no rights to come and take down the canopy - is this correct? If so - again, does anyone have a link to the legislation that states this so that i can send it to my solicitor please?

Im pretty sure we purchased an indemnity policy in 2008 ( when we bought the property and were naive first time buyers!) that had successor rights anyway - so this could all be running around for nothing - but for the sake of a few mins will save us £50!

Thank you
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Comments

  • lincroft1710
    lincroft1710 Posts: 18,350 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 21 November 2014 pm30 3:03PM
    Can you describe the exact construction of the canopy please?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • we have a bungalow and to the rear there is a corrugated plastic canopy that stretched the width of the bungalow.. it is supported by 4 metal arms attached to the brickwork

    http://www.rightmove.co.uk/property-for-sale/property-31560405.html

    pic 9
  • RAS
    RAS Posts: 34,446 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    we have a bungalow and to the rear there is a corrugated plastic canopy that stretched the width of the bungalow.. it is supported by 4 metal arms attached to the brickwork

    http://www.rightmove.co.uk/property-for-sale/property-31560405.html

    pic 9

    Offer to remove it if the purchaser would prefer it.

    We decided a sledge hammer was cheapest option if the puchasers wanted play SBs. They were going to demolish the single skin single storey construction, which did not need PP when built anyway.

    They shut up after we offered that option.
    If you've have not made a mistake, you've made nothing
  • pmlindyloo
    pmlindyloo Posts: 13,073 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 November 2014 pm30 4:35PM
    You are right in that the council is extremely unlikely to take any action whatsoever.

    Unfortunately mortgage lenders/solicitors appear to have no understanding about building regulations!

    It may be that the mortgage lenders are insisting that an indemnity policy is obtained.

    In any case, save yourself a load of hassle and hold ups and pay for one. Much the easiest solution by far. (unless of course you find the one you purchased and it is valid) Don't bother to argue, you won't win!
  • no we wont argue - its like £45 odd, so will just pay it if our current one doesnt have successor rights. Thank you all
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    What permission would be required for that? It is just a big porch! I would suggest phoning the council to ask a theoretical question (not mentioning your property as this would invalidate an indemnity policy) what would be required if it were to be built.
  • If their mortgage lender is insisting then probably not much you can do. If it's just the buyer or their solicitor then I'd get your solicitor to say that it's not necessary and as others have suggested, offer to have it removed if they like (it would probably be an improvement...sorry!).
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    no we wont argue - its like £45 odd, so will just pay it if our current one doesnt have successor rights. Thank you all

    From the mortgage lenders perspective that's the simplest and cheapest method of addressing the issue.
  • It wouldn't need PP, it's probably over 15 years old and way, way beyond period when council could take action (which they wouldn't have done).

    Why are people who approve mortgages such morons?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Why are people who approve mortgages such morons?

    Any particular to reason to be so insulting?
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