Lack of Building regulations for removal of chimney breast done 20 years ago

AnotherJoe

checks123 wrote: »

Thank you for your advice. We still don't know whether the lender will go ahead or not. Our mortgage advisors are different and our solicitors are different. The mortgage advisors haven't raised this as a concern and we have our mortgage offer already. Or solicitors do know that we have contacted the council with the exact address. But are there any chances that the council will actually enforce an action?

There is ZERO chance. 4 years is the time beyond which they cant go.

martinsurrey

AnotherJoe wrote: »

There is ZERO chance. 4 years is the time beyond which they cant go.

I've said it dozens of times before and I'll carry on saying it until I stop seeing this.

That is wrong.

They can enforce building regulation at anytime, but after 12 months they can no longer use a section 36 notice

http://www.legislation.gov.uk/ukpga/1984/55

section 36

After the 12 months they can only use a court injunction to impose building regulations, with NO time limit.

HOWEVER injunctions are very expensive to get, so are only used on the most serious and dangerous of cases, which this is most definetly not.

checks123

So we can't do a structural survey because it will involve ripping off the plaster which I presume the seller isn't going to be happy about. He has denied getting building regs. So we are just worried this will come up when we try and sell

AnotherJoe

checks123 wrote: »

So we can't do a structural survey because it will involve ripping off the plaster which I presume the seller isn't going to be happy about. He has denied getting building regs. So we are just worried this will come up when we try and sell

Well then rip some plaster off when you move in.

You've had a survey, your surveyor said it seems good (which is very rare as they are normally so risk averse), surely the time has come for you to take a small risk (what would fixing it cost, maybe £1k?) or walk away.

Once you are in, take some plaster off, get a surveyor to state its OK (or a builder to fix it if it isn't) and that's your proof, either way, for the next purchaser should that occur, and to be practical, say you sell in 10-15 years time, you are talking about building work that was done 40 years ago, if it hasn't fallen down by then there's a good chance it was OK anyway.

cloo

I'm pretty sure people do buy and sell places without old building regs or paperwork for old building regs all the time. I think you just have to use your common sense. Is the place falling down? Nope, it's probably OK. Removing chimney breasts isn't really rocket science, if it had been done totally incompetently there would be a sign by now.

Rambosmum

If you were my buyer and trying to negotiate money off for something which won't need doing and has been fine the last 20+ years I'd be telling you to jog on.

I think you are worrying over a none issue.