Extension footings missing building regs

emma_spaghetti

Hi

Hoping for some advice.

Long story short, we're buying a house that has (since expired) planning permission for a single storey extension to be built. We know we'll need to reapply before beginning work (that's not the issue).

The vendor began the work on the extension some 5 years ago, and got as far as digging the trenches and filling with cement. A local contractor that is Building Regulation approved came and oversaw/advised on the work (e.g. optimum depth for trenches), we have the paperwork for this.

Luckily they didn't get much further than this, because we rang Building Control to find out what the next steps would be when we get the keys and want to pick up the work, and it has come to light they weren't informed before work began, and haven't signed off the footings either.

There is now a mark of unauthorised work on their records. Our vendor is arguing that the contractor signed off the work so all should be OK, but Building Control say despite the contractor being building reg approved, they themselves would have needed to come out and approve the work first. Therefore BC say the work done to date is unauthorised.

The only solution I can see is to apply for regularisation, i.e apply for restrospective approval through BC. This will involve drilling test holes to check depth, paying a large chunk of money (£880) to them to get it approved, and 1. either get the green light to ahead or 2. worst case scenario, digging it all up and starting again if not deep enough (seems unlikely - depth is 750mm on chalk soil).

The vendor is refusing to arrange this, and believes the work done is all OK. They have said:

"Please see attached paperwork from XX contractor showing the footings checked at 750mm. It states the next inspection isn't until DPC which hasn't been reached as yet.

The reason the building regulations approval was withdrawn is due to the fact we are no longer instructing XX contractor to sign off the rear extension. My understanding is that the new buyers could XX contractor or any other building inspector to sign the extension off. From the attached it is clear to see the foundations are correct. And checked."

My question is what would you do:
1. push for the vendor to knock money off the house to compensate for this unexpected cost
2. Push them to apply and pay for regularisation themself (with no guarantee the work is OK, and therefore maybe ripping up the work and starting again)
3. Offer 50/50 to move things along
4. If the vendor digs their heels in - continue with the purchase and expect to pay about £1k for the work once we are in (are there any other repercussions that come with buying a house that has unauthorised work)?
4. walk away
5. any other suggestions?

xzibit

If they filled the trenches with cement then you'll have to have it all removed which will cost. Cement should not be used for footings.

If the footings are still visible then building control can come and have a look, but it's normal to inspect the rebar prior to pouring of concrete, which can no longer be done. Are there any pre pour photos?

robatwork

Interesting one as if it was for an extension already built I would be pushing for them to pay 100% of the work required to get it approved.

As it's just foundations I would be asking them to get formal BC approval and agree to a 50/50 split of costs on the basis that a) you complete and b) a maximum of £x (say £1000?)

emma_spaghetti

xzibit wrote: »

If they filled the trenches with cement then you'll have to have it all removed which will cost. Cement should not be used for footings.

If the footings are still visible then building control can come and have a look, but it's normal to inspect the rebar prior to pouring of concrete, which can no longer be done. Are there any pre pour photos?

Thanks - not entirely sure on the mix re: concrete but I'm sure I can find out. I have been sent some photos of it prior to concrete pouring, but will this be enough for BC as they won't be able to accurately measure the depths from this?

Doozergirl

I have no idea what a 'building control approved contractor' is. What country are you in? Are you talking about a structural engineer? Or a builder?

In fact, are you talking about an Approved Inspector? They are separate to Building Control at the council. You should speak to that company instead!

It sounds like it could just be an admin error that can be resolved if they have their paperwork. The local authority should be informed st the start but they will not have any details of inspections, only final sign off. If the initial paperwork has gone missing, I'm sure it can be easily resolved.

Digging the footings counts as starting work on an extension and should keep the planning permission extant. If this is an approved inspector with a paperwork error, that too will probably come out in the wash.

You need to speak to the approved inspector about taking things forward. The cost of this may well be zero.

emma_spaghetti

Yes I mean the contractor is an approved inspector, I don't know the exact terminology, all of this is completely new territory to us. I am aware that they are separate to the council, BC have confirmed that even though the contractors are approved inspectors it would still need to be BC themselves that give ultimate sign off (?).

The contractor themselves replied to say "Just to confirm we saw that the excavation for foundations had started. But we cannot confirm if concrete was placed or if the foundations are therefore satisfactory." So it looks like the work was never signed off nor they oversaw the concrete poured in.

I've included a snapshot of paperwork from the contractor that refers to the footings, but seemingly doesn't sign these off [IMG]http:////i.imgur.com/A7IWOkC.png[/IMG]

AdrianC

emma_spaghetti wrote: »

Long story short, we're buying a house

So you haven't exchanged yet?

My question is what would you do: 1. push for the vendor to knock money off the house to compensate for this unexpected cost

You can always ask.
They can always refuse.

2. Push them to apply and pay for regularisation themself (with no guarantee the work is OK, and therefore maybe ripping up the work and starting again)

Again, you can ask.

3. Offer 50/50 to move things along

Again, you can ask.

4. If the vendor digs their heels in - continue with the purchase and expect to pay about £1k for the work once we are in (are there any other repercussions that come with buying a house that has unauthorised work?
5. walk away

These are your choices, if they don't agree to a reduction. Walking away over a grand seems a little... melodramatic.

Of course, the other way to look at it is that if the footings do need re-doing, then since PP has expired and you'll need to reapply anyway, it means you aren't glued to their footprint. You could decide if you'd like to vary it.

davidmcn

If the planning has expired then presumably the agreed price hasn't been enhanced for it coming with consents for the extension anyway? In which case I'm not sure you have much of a case for arguing about the costs for completing the work.

silvercar

The foundations have been started so the planning permission doesn't need renewing. What you have potentially lost with one hand you have gained in another.

emma_spaghetti

silvercar wrote: »

The foundations have been started so the planning permission doesn't need renewing. What you have potentially lost with one hand you have gained in another.

That was my initial understanding too, but when speaking to Planning Permission they said given the planning permission was granted 7 years ago this would no longer be the case?

Newuser1987

It Sounds like the used an approved inspector which is fine. I would just contact the company to confirm they are still happy with the original inspection.

If an approved inspector is used they notify the council that they will be carrying out inspections. Hence why the council will have no record of the inspection. However it sounds like they received no notification of the works either.

Just as a side note. You probably dont need to reapply for planning permission. The decision notice likely states something like 'works must START within three years'. The works have started so there is now no expiry.