Chimney breast removal- now want to sell

Ros334

We had the chimney breast removed in our livingroom and bedroom around 10 years ago. I know there is an RSJ supporting the remaining part in loft. We weren’t told by builders we needed building regs and no one came out and checked it. My question really is we have now gone SSTC but we have been advised that this will get picked up on survey. Should we just wait and see what happens or should we get someone out to get it checked prior to survey. Want things to go as smoothly as possible.

vw100

If it does not get picked up in a survey by some chance, especially if it a valuation survey and not a homebuyers survey - you should declare it when you fill in your legal paperwork. Otherwise you are leaving yourself open to prosecution, even after the sale has completed. I wouldn't like that to overhang me.


Your option would be to get retrospective building regs sign off from your local authority, get the application in now as it can take couple of weeks if not more. You may find the inspector says it all is well and good and sign it off or they can say the work needs to be rectified in some form and then revisit when the work is done for checking and sign off.
If you go down this option you cannot then generally buy indemnity insurance as you would have made the local authority aware of the work. Seek advise from your solicitor.


Declare it and let the seller decide if they still want to buy:
-Bit of money off
-Get a structural engineer to inspect it safe and proper.
-The buyer may want to proceed and buy at their or your cost indemnity insurance to cover lack of building regs. This just covers if the local authority decides to take action, but does not cover the workmanship or structural problems if they were to arise.


This is why in the long run it pays to get all the necessary approvals done as it saves stress and agro when you least need it.

vw100

In this situation where the local authority has been informed, indemnity insurance cannot be brought, even if it was it would be invalid and worthless. Solicitors also have a code of practice and do not want to be open to litigation.

So if the local authority was informed, you would then have to stick with this route and carry out the recommended alterations to make the work comply if applicable.

Only legal entity's, ie your solicitor or conveyancer can buy indemnity insurance.

Ros334

sorry for being dumb. Are you saying not to inform council and wait and then maybe indemnity insurance can be applied for.

I read some where that because they can’t see the RSJ it will be questioned. Again being dumb but if we knocked some of the plaster covering it would that help.

vw100

You can wait and see if the buyer or their solicitor agrees to indemnity insurance or ask them the question via your solicitor.

If the other party don't want to go down the route of indemnity you will have to get the work regularised by the local authority BCO. The BCO might say everything is ok through a visual inspection or they may ask to hack a few things off so they can check measurements etc and then sign off, or worse ask you to make amendments so the work complies to current building regs.

In terms of your chimney breast, how is it supported. Is the RSJ on a gallow's bracket or the RSJ runs from one wall to the opposite wall supporting the chimney that is intact.

Some BCO's now stipulate that the latter method is used as opposed to gallows bracket for a few reasons which I wont bore you with.

Davesnave

Ros334 wrote: »

I read some where that because they can’t see the RSJ it will be questioned. Again being dumb but if we knocked some of the plaster covering it would that help.

Sorry for also being dumb, but isn't the RSJ visible in the loft?