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

SmashedAvacado

OP- your solicitor's insurance covers you for their negligence if you sue them. It does not cover you otherwise. They are trying to avoid being negligent here by not advising you on whether regulations consent was needed. It appears that it was needed based on other posts.

On the basis that the work appears to need Building regs consent, you should be asking the seller to provide you with the insurance policy covering the lack of an approval. it will cost the seller a couple of hundred pounds. You will then be covered if the LA take action against you in relation to the lack of approval. (The key thing for you though is to be happy that the works have been done properly - have your surveyor do all they can to check this).

wesleyad

Here's the RM link: https://www.rightmove.co.uk/property-for-sale/property-65441698.html

Looking at the floor plan is it the back of the kitchen has been pushed out a couple of feet (where the oven is)? Now I'm no expert but to me that definitely looks like an external load bearing wall surely? The bathroom wall above lines up with it. I might be completely wrong but I'd definitely not be taking his word on this.

wesleyad

davidmcn wrote: »

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.

Well I'd say worst case is the guy has bodged it, removed a load bearing wall, and at some point house might collapse killing someone. Yes hyperbole, but these things can and do happen.

need_an_answer

Clearly the house has undergone some substantial updating since it was last sold in 2012.

link not working but there are a brief set of "ripe for renovation " photos still listed in RM history of previous sale

davidmcn

wesleyad wrote: »

Well I'd say worst case is the guy has bodged it, removed a load bearing wall, and at some point house might collapse killing someone. Yes hyperbole, but these things can and do happen.

Ok, worst case scenario if we assume that a survey will spot serious structural defects (which could equally apply to the remainder of the house).

EachPenny

Surrey_EA wrote: »

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

I'm a bit sceptical about whether this is actually an extension, or if it was an original part of the building. To my mind it blends in too well (especially the roof) to be a recent (circa 6 years old) construction.

Images from the 2011 sale of the property appear to confirm the opening (or at least the majority of it) was already there, and the modification in this area might have been limited to demolishing an internal cupboard.

However, I would want to find out why the vendor believes this was an 'extension' and exactly how the kitchen layout changed between 2011 and now, in particular if the opening was widened involving structural work.

Surrey_EA wrote: »

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.

This also rang an alarm bell for me, and that work has also clearly been done post-2011.

Based on past personal experience with similar properties, there is a good chance the wall was not required for load-bearing purposes. But I would still expect to see evidence of the involvement of a professional giving advice that the wall could be removed, especially in the absence of BR involvement.

SELagom

Your solicitors referring to a block policy is most probably referring to a building regulation indemnity policy that they have and which will cover you. My firm has a similar arrangement with an insurer which covers planning permission, building regulation approval as well as restrictive covenant consent. Having a block policy allows us to have an indemnity policy at a much cheaper rate than obtaining a bespoke policy every single time it is needed. This is becoming more common.

That being said, the indemnity policy would only protect you if the local authority seek to take enforcement action for the lack of certificate. They are quite wide ranging in what they would cover - usually even the reduction in value of the property if you are ordered to remove the extension. You cannot try and get a certificate later as if you do, it would invalidate the policy and you would not be covered if you need to carry out further work to get the certificate or are ordered to take it down. When you come to sell the property you can also pass the policy on to your buyer.

An indemnity policy would not cover against any workmanship issues though so you should have your surveyor thoroughly inspect the work to ensure that is has been carried out correctly and is safe.

Surrey_EA

EachPenny wrote: »

I'm a bit sceptical about whether this is actually an extension, or if it was an original part of the building. To my mind it blends in too well (especially the roof) to be a recent (circa 6 years old) construction.

Yeah, it's tricky to tell isn't it? I've also looked at the old images, but I haven't seen one looking at the rear of the house from the garden taken in 2012, and I've looked at the old floor plan, which doesn't show anything existing there, but that's not to say there wasn't an out house of some description that didn't make it's way on to the plan.

Even so, I would still be surprised that building regs approval was not a necessary requirement.

sam.ssrs

I have carried out a full structural survey which says the structure is sound.

need_an_answer

OP You've seen the house in the flesh what do you make of how the reburb was carried out?


Are the fixtures and fitting of a quality,the house has clearly undergone a makeover since it last sold and are you in agreement that the renovations command the price you are paying?

Could you perhaps talk to the neighbours and see what take they have on the kitchen extension, hopefully they may even be able to tell you whether the extra space was achieved by knocking out just the internal cupboard or a much larger portion of the wall.
In my experience neighbours know more about a renovation than they are given credit for!