extension: Indemnity Insurance

Sikdar

Hi I wonder if some one could give me some helpful advise. I am selling my property and buying a new one. In my new purchase, the current owner made an extension of the property 8-9 yrs ago after planning permission approval. But they did not have final inspection by the council to say that the extension was carried out as per approval. they tried to contact the local council but they said its too late now.
my questions are:
1. does it matter if the final inspection wasn't carried out if the work was done as per plan
2. my solicitor doesn't seems to be happy to proceed with out that final inspection paper, but he never tells me what if they cant get it now, is there any other way around?
3. Does the indemnity insurance cover this kind of problem and what exactly is covered?
4. if the council for example say it was an illegal extension, can they ask us to break that extension down? does the insurance cover that cost?
5. should I ask the current owner to get an indemnity insurance or is it my responsibility?

DandelionPatrol

Sikdar wrote: »

they tried to contact the local council but they said its too late now.

If the vendor or the agent said that, they are probably telling you a lie. Building control can do what is known as a 'regularisation' at any stage. Check this out with the council - but if you do, do not reveal anything about the property, not even the address, because it will invalidate the option of indemnity insurance. Preferably raise the question with another council.

On the whole, I think this would be enough of a lie for me to pull out. Indemnity insurance is only against the council finding out - it does not fix whatever problems led them to not getting it signed off.

Annie1960

They can't make you pull down the extension, as there is a time limit of I think four years on this.

However, the lack of building control involvement means that you have no idea if the work was carried out to the correct standard at the time, and if it is safe.

Sikdar

Thanks a lot Dandelion petrol and annie1960. I should contact the council as you advised.

DandelionPatrol

Sikdar wrote: »

Thanks a lot Dandelion petrol and annie1960. I should contact the council as you advised.

Once you know that regularisation is an option, you can suggest this to the vendor, for them to carry out. Bear in mind it may need some tearing down of plaster etc, so don't take it on yourself unless this is cut into the price.

Bear in mind that if you go for regularisation, indemnity insurance will be invalidated. Do not get involved in telling the council anything while you do not own the property.

Popsicle123

Don't you contact the council about something you do not own!!!!!! There is a whole load of scaremongering going on about lack of building regulations. All houses built before 1980s will not meet modern day building regulations and how many of those houses are falling down?? Trust a structural survey and enjoy your new home!!!

Davesnave

Popsicle123 wrote: »

There is a whole load of scaremongering going on about lack of building regulations. All houses built before 1980s will not meet modern day building regulations and how many of those houses are falling down?? Trust a structural survey and enjoy your new home!!!

With respect, you are talking cobblers.

Any retrospective investigation will only consider the building regs appropriate to the time of the build.

Secondly, unless there is an investigation, no one knows to what standard it was built. Only an invasive investigation can do this, not a normal structural survey.

G_M

OP needs to understand what it is he's concerned about.

1) enforcement action by the council re planning permission:

Development becomes immune from enforcement if no action is taken:

• Within four years of substantial completion for a breach of planning control consisting of operational development;
• Within four years for an unauthorised change of use to a single dwellinghouse;
• Within ten years for any other breach of planning control (essentially other changes of use).

2) enforcement action by the council re Building Regulations:

A section 36 enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work. A local authority also cannot take enforcement action under section 36 if the work which you have carried out is in accordance with your full plans application which the authority approved or failed to reject.

3) quality of the work itself

A survey may help, though as Davesnave says, to fully check a surveyor would need to remove plaster and investigate the structure, which many sellers would not permit.