Extension problems, negligent surveyors and solicitor, please help!!

Androtts

Hi All, I am desperately hoping someone can help me; We bought our first home last year and paid for a full survey, in addition the solicitor did all the searches and there was no problems with either so we proceeded with the purchase.
There is an extension to the rear of the property which we have since found out has a number of issues:
1: there is no record of planning permission even though it shows on the land registry searches?!
2: it is single skim breeze block and therefore inhabitable (the intention was to rent this room as it has a separate shower)
3: the room is really cold and damp and lowering our heat efficiency and potentially doesn't have foundations!
4: the solicitor has since said they didn't realise there was an extension!!?? They offered for me to speak to another team member about whether I have a case against the surveyor, for yet more money of course!
5: we have been told by several builders to rectify all this with the council and making it habitable could cost up to £20k!!!!!!!! We don't have anything like this!!!!

So please can anyone tell me do I have a case against anyone/what steps do I take/who can I speak to for advice/anything that might help?!?!

Thank you in advance for taking the time to read this and hopefully respond!

Doozergirl

How old is the house and how old is the extension?

It's the surveyor you need to go after if they have missed something dreadfully important, but what did the survey say about?

Davesnave

The solicitor can only deal with matters relating to the house's paperwork. He /she would not normally visit the property, so if there is no record of the extension at your local authority and in the title documents, there's probably no way they'd know about it.

What, exactly, is shown at the Land Registry about the extension?

Doozergirl is right; if you had a full survey and something as basic as a single skin extension, possibly without proper foundations, was present, it should have been found and reported on.

So, assuming you had a full structural survey, you will need to pursue the surveyor. In due course, you might find it worthwhile to have legal representation, but the first thing to do is write to the surveyor's company outlining the issue and take it from there. You might later need to employ another surveyor to report on what the first surveyor should have found.

Surveyors do mess-up sometimes, so the vast majority will have insurance in place to cover them for the results of proven mistakes.

AnnieO1234

Sorry OP but my money is on you either not having had a full survey or not having read it . It's extremely doubtful it is the solicitors fault; as has been said they do not visit the property. By the same token you did and could have pointed professionals in the right direction of any concerns. xxx

davidmcn

What makes you think the solicitor has been negligent? Is the extension mentioned in the survey? How old is it? There's no need to look for statutory consents if it's ancient (generally I would only bother for works carried out in the last 20 years).

Androtts

Thanks all for your replys. My neighbour has told me the extension was done approximately 35 years ago, the council have said they have no record of it, but it would have been permitted planning in those days. Unfortunately just not up to building regs, so I'm not sure what's needed there?

Re the solicitor, surely they should have seen there was an extension from reading the survey to check there's no problems? I thought that was part of their role to check for you when you don't really have a clue? It would also appear the surveyors comment about building regs needed for s chimney was also missed!

Re the survey, we paid for the highest possible one. He mentioned the extension flat roof would need replacing but nothing re the walls?!?!

giddypenguin

AnnieO1234 wrote: »

Sorry OP but my money is on you either not having had a full survey or not having read it . It's extremely doubtful it is the solicitors fault; as has been said they do not visit the property. By the same token you did and could have pointed professionals in the right direction of any concerns. xxx

Jumping to conclusions without basis and not helpful - you haven't seen the survey so you can't possibly blame the OP for not reading it...

DRP

Androtts wrote: »

Thanks all for your replys. My neighbour has told me the extension was done approximately 35 years ago, the council have said they have no record of it, but it would have been permitted planning in those days. Unfortunately just not up to building regs, so I'm not sure what's needed there?

Re the solicitor, surely they should have seen there was an extension from reading the survey to check there's no problems? I thought that was part of their role to check for you when you don't really have a clue? It would also appear the surveyors comment about building regs needed for s chimney was also missed!

Re the survey, we paid for the highest possible one. He mentioned the extension flat roof would need replacing but nothing re the walls?!?!

if it was 35 years ago then you can expect it to be a bit carp compared to modern methods / building regs - we had an extension in our old place that sounds exactly like yours. There must be 1000s up and down the country.

From your original posts:
1. Not really an issue after all this time.
2. (presume you mean UNinhabitable?). As above, single block construction is really common for an extension of that age.
3. My entire house doesnt have what you'd call foundations in the modern sense! (c.1901). For the cold and damp, I would first consider beefing up the radiator output in that room, then maybe external or internal wall insulation.
4. The case is weak - I would put it down to experience and spend the money on trying to make the house comfortable (see point 3).
5. Don't talk to the council as any (pointless) indemnity insurance that a future buyers lender requires will probably be impossible.
20K would probably be for a re-build which given it has survived 35 years intact, seems excessive. Think about the remedies in point 3.

DON'T PANIC!

Davesnave

Androtts wrote: »

Re the solicitor, surely they should have seen there was an extension from reading the survey to check there's no problems? I thought that was part of their role to check for you when you don't really have a clue? It would also appear the surveyors comment about building regs needed for s chimney was also missed!

Solicitors are there to check legal paperwork. If the house was extended 35 years ago, there is probably nothing illegal, or at least enforceable, with regard to these works.

It is not part of a solicitor's remit to check surveyor's reports in any detail as solicitors aren't expected to have building knowledge.

As the person who ordered and paid for the survey it is your responsibility to read it and clarify anything it says which you don't fully understand, with the surveyor.

So, what did the surveyor say about the extension and was it accurate or not?

EDIT: I have just converted a large single skin garage into a habitable space. It didn't cost anything like £20k, even with a new roof and floor. If you are just wishing to make this space more comfortable and dry, something well short of £20k should be possible.

Miss_Samantha

Hi Androtts,

If the extension is indeed that old then there won't be any issues regarding planning permission or building regulations.

I think single-skin walls can be brought up to standards with a layer of insulation and a plasterboarded timber frame on the inside.
Actually, I think that this is an acceptable way to build a new single-storey extension.

teneighty

Possibly the key point is whether the extension was meant to be habitable space or just ancillary accomodation such as a garden room or utility room/large porch.

Even 35 years ago habitable extensions needed building regulations approval, cavity walls and insulation (although less than today). Walls needed a U-value of 0.6 from memory.

So if it was meant to be habitable I would say you have got a very good claim against the survey firm. Follow their official complaints procedure and if necessary take them to the approved ombudsman scheme.