No building regs query

jaytee17

Hi,

I was hoping that some of you kind people could give me some advice as a FTB. I've viewed a house that I am interested in however, it has an open plan kitchen/conservatory. The vendor has told me that this was installed 3 years ago. I'm of the understanding that an open plan conservatory is required to have building reg sign off. It has electrical points and a radiator. The way the kitchen is fitted means that doors can not separate the conservatory.

They've also converted their integrated garage into a room. I imagine this would require building regs too? Although I haven't checked this out with them yet.

I understand that you can obtain indemnity insurance on the basis that a full survey is satisfactory and the LA have not been informed (?). This would offer financial protection against LA enforcement only. I'm also confused as to whether this would impact on buildings insurance.

My questions are:
Advice on an open plan kitchen/conservatory - I did notice a temperature drop within the conservatory part. It looks lovely but will this be impractical?
Would the conservatory and garage require building regs?
Would I require a full structural survey?
What would be the impact of this on insurance?

I've already had a sale fall through as the house was undervalued by the lender at 15% and the vendor couldn't bring down the price. I'm worried that I could pursue this new house that I've viewed which is a bigger jump in price and encounter more problems after going through the rigmarole of mortgage applications and credit checks.

Thanks :money:

Sedge123

As far as I am aware (and I'm not an expert!), you wouldn't get building regs sign off on this as the heat loss is too great. Sounds very much like this has been done without applying for building regs in the first place.

Mr.Generous

a conservatory isn't an extension and shouldn't normally be considered part of the house. It can be done, but as you say requires building regs approval ...

If you decide you don’t want a door between the conservatory and your home, then a full Building Regulation application is needed – the total building needs to comply. Moreover, you may need to upgrade the existing insulation in the rest of the home to offset the heat loss through the conservatory, so that the new home+ conservatory are no worse from a heat loss point of view than the existing property. A SAP calculation is usually undertaken by a specialist surveyor
2. It is stipulated by building regulations that one must install a door of 'exterior quality'. A conservatory is only exempt from Building regulations only if there are separating doors. Should those doors be removed, the conservatory requires Building Regulation approvals.

davidmcn

jaytee17 wrote: »

What would be the impact of this on insurance?

Nothing at all. This is one of those weird urban myths which keeps on cropping up. But bear in mind that your buildings policy won't pay for fixing the problem if the alterations turn out to be defective.

G_M

jaytee17 wrote: »

Hi,

....it has an open plan kitchen/conservatory. The vendor has told me that this was installed 3 years ago. I'm of the understanding that an open plan conservatory is required to have building reg sign off. correct It has electrical points and a radiator. The way the kitchen is fitted means that doors can not separate the conservatory. Oops.

They've also converted their integrated garage into a room. I imagine this would require building regs too? correct Although I haven't checked this out with them yet.
you might also check if the garage is single skinned or double skinned. And what insulation was installed on conversion.

I understand that you can obtain indemnity insurance correct on the basis that a full survey is satisfactoryirrelevant and the LA have not been informed (?). correct This would offer financial protection against LA enforcement only.correct I'm also confused as to whether this would impact on buildings insurance. No

My questions are:
Advice on an open plan kitchen/conservatory - I did notice a temperature drop within the conservatory part. It looks lovely but will this be impractical? It will be either cold, or expensive to keep warm.
Would the conservatory and garage require building regs?Yes
Would I require a full structural survey? Up to you - how risk-averse are you?
What would be the impact of this on insurance?None - but don't expect insurance to pay to remedy defects.

...............................................................................

G_M

jaytee17 wrote: »

Hi,

....it has an open plan kitchen/conservatory. The vendor has told me that this was installed 3 years ago. I'm of the understanding that an open plan conservatory is required to have building reg sign off. correct It has electrical points and a radiator. The way the kitchen is fitted means that doors can not separate the conservatory. Oops.

They've also converted their integrated garage into a room. I imagine this would require building regs too? correct Although I haven't checked this out with them yet.
you might also check if the garage is single skinned or double skinned. And what insulation was installed on conversion.

I understand that you can obtain indemnity insurance correct on the basis that a full survey is satisfactoryirrelevant and the LA have not been informed (?). correct This would offer financial protection against LA enforcement only.correct I'm also confused as to whether this would impact on buildings insurance. No

My questions are:
Advice on an open plan kitchen/conservatory - I did notice a temperature drop within the conservatory part. It looks lovely but will this be impractical? It will be either cold, or expensive to keep warm.
Would the conservatory and garage require building regs?Yes
Would I require a full structural survey? Up to you - how risk-averse are you?
What would be the impact of this on insurance?None - but don't expect insurance to pay to remedy defects.

I'd be wary about what short-cuts had been taken. Someone who does conversions like this without bothering about BRs is either

* deliberately ignoring BRs because they know they won't comply or
* naively relying on a cowboy builder who is cutting corners to keep their quote down/profit up

Slinky

I've been keeping an eye on RM to see what happens with our old house where we put a conservatory on under permitted development retaining the patio doors. The people who bought from us have completely opened the patio door space up, taken out internal walls, put in more external patio doors, the only thing I can see that has been through planning is an electrical statement. The house 'sold' a couple of years ago but it never went through. It 'sold' again a few months back. It's gone off RM now but no sales data is showing from Land Registry yet. It'll be interesting to see if it does actually show as a completed sale as I'm pretty sure what they have done had no building regs. As what they did was more than 4 years ago, would this escape council enforcement now?

G_M

Slinky wrote: »

. As what they did was more than 4 years ago, would this escape council enforcement now?

https://www.planningportal.co.uk/info/200128/building_control/38/building_regulations/3

First, if a person carrying out building work contravenes the Building Regulations, 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. This action will usually be taken against the person carrying out the work (builder, installer or main contractor).

Alternatively, or in addition, the local authority may serve 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

Hoploz

First thing to do is, having identified this potential problem, you ask the seller whether they have building regs sign off for this work. (As already said, yes open plan conservatory and garage conversion will require this) You never know, it may have been done with all proper consents in which case, no problemo! This question will be on the seller's information form but as you say, you wont get this till further down the line.

If the consents do not exist you need to consider whether this is important to you. The council cannot enforce on work done over 2 years ago. Your lender may require the indemnity although it is actually pointless. You need to satisfy yourself the work is structurally sound (it probably is, it's other aspects of building regs it may not meet, e.g. thermal insulation.) Decide whether this is a deal breaker. Unlikely I'd think but it's up to you