Building regs - who is to blame?

cjbroadway

Hi, I am hoping someone can help me. We bought our house in 2012 - we had a home buyers survey done at that time. We have just found out that there was no cavity in our exterior wall (kitchen extension). We have since found out that there are no building regs in place for this extension. The work that we need doing is going to cost us a fortune to try to sort it all out. I have contacted the surveyors, who came out to do a check. They have said it is the solicitors fault. The solicitors are saying they think it is the surveyors. Does anyone know if there is anything we can do - and who is responsible?

G_M

When was the extension built?

May be you are to blame - did you enquire about Building Regs (assuming they are relevant) when you bought?

Doozergirl

Your surveyor would almost certainly have me tioned that the relevant permissions needed to be in place in his report.

Did your solicitor see that report?

Did your solicitor know there was an extension?

lincroft1710

Your surveyor would be responsible for identifying any structural defects, but when you say there is no cavity, the wall should be brick, insulation material, block, so the "cavity" should be filled in.

Usually a surveyor would not check all walls, and the only way you can tell is buy measuring wall thickness either through door or window opening. The solicitors should have checked for building regs.

glasgowdan

I'd expect a solicitor to check this. But I'd also be asking about it myself and making sure the extension is ticked off.

We're buying a house with a loft conversion and extension (both done 1970s) and I am going to make sure they're safe. I've no idea if BR applied then though so I'll be learning as I go. If there is no paperwork we're going to seriously consider reducing our offer.

theartfullodger

I'd say whoever purchased the property but failed to check everything was in order:

Why would it be anyone else?

silvercar

You've lived there 4 years without realising that the extension isn't as it should be. Do you need to sort it out?

What should have happened is:

Surveyor tells you in report that there is evidence of an extension and you should ask your solicitor to check that build regs and planning (if relevant) paperwork is in order.

You ask your solicitor to check.

Solicitor tells you paperwork is missing and asks you whether you:
a) want to proceed anyway
b) take out an indemnity policy
c) pull out of the purchase
d) get the seller's to either reduce the price or pay for the work to comply.

You could either sort the problem out or take out an indemnity when you move.

All an indemnity does is cover the drop in value should the council insist you pull the extension down. Which they won't, but it keeps lenders smiling.

Hoploz

The solicitor probably didn't visit the property. If there was no paper trail, ie no planning permission (this may not have been required) or building regs application, they would not have known it had been extended.

Have you re-read your survey report? Depending how detailed it was, it may or may not have been mentioned. If it wasa mentioned that an extension had been put on, your solicitor should have picked it up, assuming you passed the survey on to your solicitor to review.

What's the actual problem you have? Is the kitchen particularly cold, or suffering from condensation or something? Victorian houses were frequently built with solid walls (ie no cavity) - this was standard practice. Unless it's causing a problem to you living there it doesn't really matter.

cjbroadway

G_M wrote: »

When was the extension built?

May be you are to blame - did you enquire about Building Regs (assuming they are relevant) when you bought?

I probably am to blame, and yes was probably very stupid! I really was very naive, thinking that in having a survey and the solicitors report that everything was OK. To be completely honest I did not know at the time that old extensions needed to have Building Regs. Maybe it just needs to be put down as a valuable lesson and take the hit.
Thank you for your response.

cjbroadway

The patio was built against the wall and filled with soil. As a result the kitchen is now filled with mould and damp. We have since dug this out and putting in a drainage system.

AdrianC

When was the extension built?