What would you do - alterations to property.

Jaguar_Skills

Pretty much everything is ok with our survey but one thing has been flagged up on the alterations to property.

The seller had a conservatory installed and in the process removed an internal kitchen wall and replaced it with an RSJ.

They have said they did not need need PP for the conservatory but the RSJ should have had Building Regs Approval - which they did not get.

Our solicitor has given us three options:

1. To insist that the Sellers obtain a retrospective Building Regulations Approval and if necessary planning permission.

2. To ask the surveyor to undertake whatever examination he can to give you the assurance that there are no problems with the work.

3. To do nothing which is of course the least attractive option

I just wonder whether anyone else has faced a similar issue? The seller is going to issue an indemnity for the work but this only covers us in the event the council want retrospective consent.

The vendors partner is a builder and I guess he just knew he was ok to do it - whether we take that risk is another thing.

Advice appreciated.

Slinky

We had a conservatory added to our house which didn't need PP (we checked with the council) providing the patio doors from the dining room remained and it was not heated by our central heating. (This was 14 years ago, things may have changed.) If we'd taken them out we would have required PP. I would check with the council what their requirements are, don't just rely on the vendor's word.

Subsequently our purchaser HAS removed the patio doors and done a whole load of other work which there's no trace on the council website of a planning request.........

Jaguar_Skills

I would have thought that the surveyors should know the requirements?

AdrianC

When was this work done?

If it was years ago, and there's no signs of cracking, I'd be far more inclined to go for it than if the paint's not quite dry yet.

Getting building regs approval is going to be invasive - there's going to be paint, plaster hacked off to check the joist is the right size, fitted properly etc.

Jaguar_Skills

AdrianC wrote: »

When was this work done?

If it was years ago, and there's no signs of cracking, I'd be far more inclined to go for it than if the paint's not quite dry yet.

Getting building regs approval is going to be invasive - there's going to be paint, plaster hacked off to check the joist is the right size, fitted properly etc.

The work was done in 2003. That's the issue with going back in to check it.

I wonder whether we could get the seller to give a bit of a discount on the house due to the risk we are taking on?

AdrianC

Jaguar_Skills wrote: »

I wonder whether we could get the seller to give a bit of a discount on the house due to the risk we are taking on?

You can, of course, ask. They can, of course, refuse.

jacko74

If it's an open plan conservatory with no door between it and the living area then I think I'm right in saying it also needs to meet building regs with regards to the lack of thermal separation.

stator

Have you had a structural survey done on the property? Ask him about the problem!

Slinky

If it was done in 2003 it's in the same sort of time frame as ours, which as Jacko says needs BR with regards how it's heated, same as ours would have if we'd taken the patio doors out.

Hoploz

Lots of valid points above - it probably doesn't actually meet the requirements.

To answer your question, I would accept the indemnity and forget about it.

If it was done that long ago and there aren't any signs of movement it is probably ok. Remember that work pre-dating the introduction of building regs in the 1980's has no paperwork but old houses tend not to actually fall down. If the owner is a builder and did it himself he is unlikely to have done cowboy work to put his own family at risk.

Ask for a discount if you're brave enough

If you're getting a mortgage they may require the indemnity, but actually it is virtually pointless, although when you come to sell you'll probably be asked to get it anyway.

catterlen

Hoploz wrote: »

Lots of valid points above - it probably doesn't actually meet the requirements.

To answer your question, I would accept the indemnity and forget about it.

If it was done that long ago and there aren't any signs of movement it is probably ok. Remember that work pre-dating the introduction of building regs in the 1980's has no paperwork but old houses tend not to actually fall down. If the owner is a builder and did it himself he is unlikely to have done cowboy work to put his own family at risk.

Ask for a discount if you're brave enough

If you're getting a mortgage they may require the indemnity, but actually it is virtually pointless, although when you come to sell you'll probably be asked to get it anyway.

Our seller had a conservatory like this, installed circa 2000, when we bought. We thought noting of it till we came to sell as there is very obviously an RSJ there (went under floorboards for something else a while back) and we haven't had any issues in 9 years.
Personally if my now buyer came back and asked for a discount because of this- which the surveyor brought up by the way, and didn't devalue house/affect mortgage etc, I would suggest that this was already reflected in our asking price....;)