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No Build Over Agreement for an extension done without a planning permission

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Hi All,

I have been in the process of buying a 1930s end of terrace house and has now received my drainage search report.

The property has been extended in the late 90s, and the planning permission and building control certificates are not available. I have posted the issue regarding the planning permission in the same forum and have been advised by the members here that I don’t have to worry about the extension certificates as it has been done nearly 20 years back and the local authority can’t do an enforcement now.

The new issue is that the drainage search result shows a public foul sewer running underneath the extension. There is no build over agreement in place for this. The public sewer is connecting to a few other houses as well and we are the first one connected. We are also not sure whether the extension is over a manhole or not. Is it still ok to go ahead with the purchase as the property has been extended long back?

Would there be a case where the water authority asks to bring the extension down?

Is this going to be an issue when we sell in future?

Also we have a plan to build a downstairs wash closet, is this going to be an issue when we connect the new wash closet sewage to the public foul sewage or inform the water authority?

Many thanks in advance.

Comments

  • Doozergirl
    Doozergirl Posts: 34,076 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Early 1930s or late 1930s?

    If the house is pre-1937 then a build over agreement should have been obtained as part of building control.

    If it's 1937 or later, the drains started out as private, but anything shared was adopted by the water companies in 2011. Any extension built prior to 2011 wouldn't have needed a BOA, but afterwards it does.

    The key here, as you have missing building control documents is to satisfy yourself of the condition of the house via a survey and, prudently, the drains too via a CCTV survey.

    Inspection Chambers (manholes, you're calling them) inside extensions aren't allowed at all now, but they used to be. It's certainly not ideal if sewerage backs up and leaks out of the cover. Eurgh.

    You should check for one and how the cover is sealed.

    The short story is that times change, regulations are more stringent now but you should always satisfy yourself that the house is in good condition. Things can be changed in 20 years even in a house with the original certificates.
    Everything that is supposed to be in heaven is already here on earth.
  • Spenser
    Spenser Posts: 18 Forumite
    Third Anniversary
    Doozergirl wrote: »
    Early 1930s or late 1930s?

    If the house is pre-1937 then a build over agreement should have been obtained as part of building control.

    If it's 1937 or later, the drains started out as private, but anything shared was adopted by the water companies in 2011. Any extension built prior to 2011 wouldn't have needed a BOA, but afterwards it does.

    The key here, as you have missing building control documents is to satisfy yourself of the condition of the house via a survey and, prudently, the drains too via a CCTV survey.

    Inspection Chambers (manholes, you're calling them) inside extensions aren't allowed at all now, but they used to be. It's certainly not ideal if sewerage backs up and leaks out of the cover. Eurgh.

    You should check for one and how the cover is sealed.

    The short story is that times change, regulations are more stringent now but you should always satisfy yourself that the house is in good condition. Things can be changed in 20 years even in a house with the original certificates.

    Thanks Doozergirl.

    The house was built in 1930 (so early 30s) and that is what that worries me. The extension was done in late 90s. So as per you comment, it should have obtained a build over agreement.

    I have to check with the vendor where the manhole is, whether it is inside or outside and its condition.

    I have already done a building survey and have got the report that the house is good for purchase, but haven't done a CCTV survey.

    I am wondering as the build over agreement is not there, whether it would cause an issue with the water authority when I build a new wash toilet and connect to this sewerage. Also, if there is an issue with the sewerage in future and the water authority comes for inspection, then would they ask us to remove the extension.

    Regards,
    Spenser
  • lincroft1710
    lincroft1710 Posts: 18,910 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Doozergirl wrote: »

    Inspection Chambers (manholes, you're calling them) inside extensions aren't allowed at all now, but they used to be.

    Do you know when the rules changed?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Spenser
    Spenser Posts: 18 Forumite
    Third Anniversary
    Just came to know that the man hole is accessible and is outside the extension.

    But that still doesn't answer my concern whether there would be an issue if I apply for permission when I do further extension as there is no build over agreement or build completion certificate. Also there could be an issue when I sell in future?
  • So good to have real advice , compared to some of the doom mongers who deliberately scare people. :T
  • Thx doozergirl. edit post doesn't work
  • If it's so bad to have manhole in a house. Where is the warnings and responsible info. Having to check on these forums is painful.
  • Albala
    Albala Posts: 310 Forumite
    100 Posts Second Anniversary Combo Breaker
    One here for Doozergirl- if the sewer (and possibly manhole) are under an outbuilding or garage built in the 1970s/80s but the house itself (not attached to the outbuilding or garage and at some distance from them) is pre 1937, how would that work?
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