We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Planning ?

Hi
We have had an offer accepted on a property but would like some advice please.
A conservatory has been added to the back of the house covering kitchen and sitting room. French doors remain between sitting room and conservatory but the outside wall has been removed from the kitchen opening straight into conservatory. A partition wall has been added in the conservatory to separate kitchen and sitting room
Building regs for conservatorys state "Any new structural opening between the conservatory and the existing house will require building regulations approval, even if the conservatory itself is an exempt structure."
Vendor is saying conservatory was there when he bought house 15 years ago Homebuyers report says conservatory is roughly 10 years old ! Solicitor is looking into this but anyone know where we stand please
Will we need to get retrospective permission or what ?

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you getting a mortgage? If so, your solicitor will tell you what your lender requires - that's your starting point.
  • nicter
    nicter Posts: 308 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    davidmcn wrote: »
    Are you getting a mortgage? If so, your solicitor will tell you what your lender requires - that's your starting point.

    No David. No mortgage as will be buying from proceeds of sale
  • eddddy
    eddddy Posts: 18,177 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In general, the risks are:

    1) That the building work has been botched - e.g. the beam above the opening might deflect, or fail.

    To protect yourself against this, you can get a survey. However, if there are no signs of movement/cracking after 10 years, things are probably OK. (I guess if the area has been recently redecorated, cracks could have been hidden...)


    2) That local authority take enforcement action

    After 10 years that won't happen (unless the building is dangerous).



    When you come to sell the property, some buyers/lenders may be concerned - but indemnity insurance might address that.
  • nicter
    nicter Posts: 308 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    Thanks eddddy
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    To add to Edddy's post, the relevant law is :
    the local authority may prosecute them in the Magistrates' Court where an unlimited fine may be imposed (sections 35 and 35A of the Building Act 1984). Prosecution is possible up to two years after the completion of the offending work.

    OR
    an enforcement notice on the building owner requiring alteration or removal of work which contravenes the regulations (section 36 of the 1984 Act). If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner. 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.







    http://www.planningportal.gov.uk/permission/responsibilities/buildingregulations/failure
  • nicter
    nicter Posts: 308 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    That's sounds reassuring. Thankyou both:beer::beer:
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.