No building warrant for work done in house we are in process of buying

Didyousaysomething

Hi there,
We are a month away from expected completion of a house purchase (survey due to be done next week so not exchanged yet) but have just found out that a building warrant that was required for work done in the house was not obtained at the time. We are in rental so not in a huge rush but our vendors are buying a house where their vendors are keen to complete asap.
The work done without a warrant is a knock-through of two reception rooms and was completed around 2010. In the vendor's questionnaire they stated that the internal wall was removed and RSJ installed. They also stated that they believed planning permission was not required and that the work was exempt from building regulations. We spoke to the council who said with that kind of work a building warrant is required.
Their solicitor has offered us the usual indemnity insurance should the council take issue with the lack of warrant in the future but we are not willing to proceed with the purchase without either (a) an engineer's report and the insurance or (b) a retrospective building warrant. Mostly we are concerned that it seems the builder lied to our vendors about the necessity of a building warrant, which raises concerns about other corners having been potentially cut (i.e. no RSJ or the wrong kind/installation).
If anyone has experience of this kind of situation can you offer us any advice on the best way to proceed? We are on friendly terms with the vendors so direct contact with them is also an option, not least because our solicitor is monumentally slow at getting anything done.
Many thanks!

Doozergirl

It's your choice. Either way, a structural engineer is needed to calculate the correct size of RSJ whether you check safety or decided to go for Building Regulations Approval so I'd start with getting one out to look.

Building Warrant is a Scottish term, yet the process of buying you're going through clearly isn't. You're using the wrong terminology.

Didyousaysomething

Ha that makes sense. My partner is Scottish and used to be in the profession in Scotland so I blame it on him! I assume the English equivalent is building regs then...

Hoploz

If in this case the work was done by the seller (rather than a previous owner) I think they should be asked to contribute to the cost of any additional report you decide you want (if any)

You could ask your surveyor to pay particular attention to this question ... If it's a proper survey and not just a valuation.

But the only way to tell what has really been installed is by opening up works. I would be surprised if the seller will be willing to have this done.

AdrianC

Didyousaysomething wrote: »

Their solicitor has offered us the usual indemnity insurance should the council take issue with the lack of warrant in the future

That's pointless. The council can't do anything - it's been too long - and the indemnity wouldn't pay out anyway - you've already been in contact with the council...

but we are not willing to proceed with the purchase without either (a) an engineer's report and the insurance or (b) a retrospective building warrant.

So tell the vendors that the sale's off without one or the other, their choice, their bill...

Didyousaysomething

In terms of contacting the council, they are not aware which property this concerns, we only asked in a general sense.

Anewhome2016

Hi there, apologies in advance if this is the wrong thread newbie!!
Sold our flat - lovely buyer gave us 6m completion
After viewing in May, and having a vision about the property made an offer following the mortgage valuation property was down valued by £20,000 with a £3000 retention. Great, bargain got the cash to do the work.
The sticking point - upper storey extension not done by the vendor. Apparently he's tried to do some work - not approved by the council twice. Now wants to offer us a £600 reduction and suggested we get an indemnity as they're not prepared to do the work. Obviously I knew this was impossible and said so. Now he says he'll get some quotes at the weekend.
We are intending to revisit at the weekend with our builder so will have a clearer idea of what's happening.
Don't really want to walk away as sooooo much potential however may have to accept defeat.
Still searching for our dream home in the meantime and will have to renew our mortgage offer for another 90 days.

Doozergirl

You can start your own thread as it will attract more attention than tagging on to the back of someone elses.

You haven't said what work he did. Does the actual extension that he didn't do have building regs approval?

If you're under the impression that the house is a bargain still, is it a big enough job to walk away?

AdrianC

Anewhome2016 wrote: »

Don't really want to walk away as sooooo much potential however may have to accept defeat.

That is going to be your choice.

It will be far too expensive and invasive and time-consuming to get retrospective approval on this work - so you're going to either have to accept it's unapproved, or walk.