FTB - Seller has no building certificate for the extension done under permitted development

sam.ssrs

bertiewhite wrote: »

What does your solicitor say about it?

I am in the process of finding out. I thought I will ask around to see if others have had any experience with a similar situation.

sam.ssrs

So my solicitor has come back saying that the seller has confirmed in writing that in his opinion the work was exempt from building regulations. If this found out to be untrue later on, I am covered by the block indemnity policy that the solicitor's firm has.

It is still not clear to me the risks of purchasing a house which may have work done but no building regulation certification obtained.

G_M

Doozergirl wrote: »

Has he removed part of the back wall of the house in order to make the kitchen larger?

Is it on Rightmove? I cannot picture what you are saying? A picture would help!

If you want helpful advice, answer the question asked!

Bacon_Sandwich

I'd say no BR completion cert, no sale. Don't stand for cowboys.

sam.ssrs

Doozergirl wrote: »

Doesn't matter if he's moved utility points.

Has he removed part of the back wall of the house in order to make the kitchen larger?

Is it on Rightmove? I cannot picture what you are saying? A picture would help!

Here are two pictures - one from the inside and one from the outside

1. Outside - https://www.rightmove.co.uk/property-for-sale/fullscreen/image-gallery.html?propertyId=65441698&photoIndex=27#
2. Outside - https://www.rightmove.co.uk/property-for-sale/fullscreen/image-gallery.html?propertyId=65441698&photoIndex=27#
3. Inside - https://www.rightmove.co.uk/property-for-sale/fullscreen/image-gallery.html?propertyId=65441698&photoIndex=27#

ciderboy2009

sam.ssrs wrote: »

This was done 6 years ago

In which case:

a) Any problems with the work will, more than likely, have manifested by now.

b) The chances of the local council taking any action are minimal if not non-existent.

I wouldn't worry about it and proceed with the purchase.

Surrey_EA

sam.ssrs wrote: »

So my solicitor has come back saying that the seller has confirmed in writing that in his opinion the work was exempt from building regulations. If this found out to be untrue later on, I am covered by the block indemnity policy that the solicitor's firm has.

I would be staggered to discover that the partial removal of the original external wall of the property was exempt from building regs.

I would also be more than a little surprised to discover that the wall the seller has taken out between what was a kitchen and a separate dining room, to create one large space, was not load bearing.

Have you had a survey carried out yet?

Okrib

I extended my flat with a side extensions. Got building regs sign off, but after a year or so I got the feeling there was an issue - there were cracks still developing and my mind was ill at ease.

Got a different builder in who investigated and it turned out the original builder had not put in lintels above the two doorways as specified by the architect, hence the cracking. Had to get them put in immediately.

Point is that you can have a property which appears compliant but is actually dangerous (like mine was) and there can also be properties which don't have the necessary paperwork but are totally safe.

If it's been there 6 years and there are no issues, get a full survey and then use your common sense.

Bacon_Sandwich

ciderboy2009 wrote: »

In which case:

a) Any problems with the work will, more than likely, have manifested by now.

.

And been concealed with a bit of plasterboard and a lick of paint

davidmcn

sam.ssrs wrote: »

It is still not clear to me the risks of purchasing a house which may have work done but no building regulation certification obtained.

Why isn't your solicitor explaining them to you? This is what you're paying them for.

I've not heard of solicitors having block policies which insure against this sort of thing - the norm (if insurance were required) is to get a separate policy (or insist the seller does so) and that policy is then transferable to future buyers or lenders - does that apply to their policy?

Do you believe that the work was done 6 years ago? Does your surveyor?

Are you satisfied there are no obvious defects with the work done? Is your surveyor?

Compliance with building regulations gives a certain amount of comfort that the work was done "properly", though there's no guarantee that the council was looking at it properly when they signed it off, it would only comply with the regulations in force at the time, and defects may have arisen since then anyway.

The theoretical worst case scenario is the council coming round and insisting that the work is redone in compliance with building regulations. Which is very unlikely to happen unless there was something disastrously wrong with it.

The more practical risk is that a future buyer or lender is fussy and demands retrospective certification or an insurance policy - and you might prefer the current seller to go through the hassle and expense of doing one of those things.