can anyone help me with the regularisation process please?

bibbity_2

Does anyone know how long it takes to have an extension without building regulations regularised, if you are very willing to do anything it takes to make it happen?
We recently (December) had a small extension to the rear of our house. We phoned the council and found that it would come under permitted development rights but didn't realise that we would need to get building control involved too. I realise that sounds incredibly stupid but were under a lot of stress with a very sick child and wanted to get the house in order by replacing a very dilapidated, mouldy, leaking conservatory with a more usable space. Our builder didn't mention building regs to us at all - we suspect in his haste to get the job done and paid for just before Xmas. We've now decided we want to sell and had an offer within 24 hours, upon which it's come to light that we do need building regs after all and we could be in trouble! Our solicitor advised us that we can't get an indemnity insurance as the extension is less than 12 months old. Our builder is worried and has said he will open up any works that need to be opened for inspection and make good. And on the plus side, we do have a certificate for the electrics Is this all going to take ages or is there any chance that there won't be too much of a wait and our sale may just go through before the buyers give up?

phoebe1989seb

Regarding the indemnity insurance aspect - we put our last house on the market within six months of having non-FENSA timber DG sash windows fitted (we mistakenly believed them to be covered by the extensive building regs we had via an independent inspector for other major works) and our solicitor also initially advised that indemnity insurance wasn't possible as the work was less than twelve months old.

However, after some research he discovered it was possible - albeit the policy was considerably more expensive. This was the quicker option than regularisation. Our buyers (who weren't in the least bothered as they loved the windows), their lender and their solicitor were happy with this.

bibbity_2

That it's annoying to hear! Unfortunately now we have already made the application to building control we definitely can't get the indemnity.

DRP

If I was a buyer, indemnity wouldn't be sufficient anyhow, as the main concern for a brand new extension without BR would be safety. i.e. What sort of cowboy builds without BR these days?

Added to that it could be perceived that moving less than a year after building an unregulated extension is 'suspicious' ��

FYI the regularisation procedure for the loft conversion in the house we bought was quick, but to meet the requirements,it cost the vendors about 3 grand (plus the Fees).

davidmcn

How long it takes depends on how busy your building control department is - so you'll need to ask them.

bibbity_2

I did try calling them yesterday but could only get voice mail so was really hoping someone here had first hand experience of the process.

I'm hoping that the fact the builders want to open the works themselves, have promised to make any work good and are insisting that the build is up to standard is a good sign - but of course we are having trouble believing anything they say now. They haven't really answered why they didn't mention building regs and it doesn't make sense to us as we've seen other work they've done which had involved both planning and building control and projects much bigger than ours.
We just want to rectify the situation so that the sale can go through as we have unexpectedly found a house that we love.

Cheeky_Monkey

bibbity wrote: »

I did try calling them yesterday but could only get voice mail so was really hoping someone here had first hand experience of the process.

I'm hoping that the fact the builders want to open the works themselves, have promised to make any work good and are insisting that the build is up to standard is a good sign - but of course we are having trouble believing anything they say now. They haven't really answered why they didn't mention building regs and it doesn't make sense to us as we've seen other work they've done which had involved both planning and building control and projects much bigger than ours.
We just want to rectify the situation so that the sale can go through as we have unexpectedly found a house that we love.

I'd be more worried by the fact that (as you say in your OP) the builder is worried :eek: Why should he be worried if he has done a good job that he is confident will pass the regulations?

bibbity_2

He's worried about being in trouble with building control as they can prosecute builders who haven't complied - just like they can prosecute the owners too! He's spoken to the building inspector off his own back and is absolutely confident that the work is up to standard. I guess time will tell.

Has anyone been through the process itself and can give me any idea of timescales please?

Cheeky_Monkey

Thanks OP, I didn't realise the builder could be prosecuted as well. I thought it was the owner's responsibility to arrange BC involvement.

bibbity_2

Thanks for the info cheeky_monkey.

Yes, the building inspector had very stern words with both the builder and me over the phone. Although I'm keen to get the ball rolling, I'm not looking forward to the inspector coming round!

davidmcn

Depends also whether it passes first time, or you get given a list of things to fix - and then have to wait for builder to do them, and then wait again for council to come back and reinspect.