Survey done, downstairs bathroom removed and plumbing added

JessJ23425

Hi guys,
Still waiting on the full survey report which is coming in the next 2-3 days but we've just had a call from the chap who did it.

The property is relatively new, built in 2004 and he's found out they removed the downstairs bathroom without planning permission and contrary to current regulations which require one apparently.
Further they've added plumbing without planning that is required.

My question is, what's the next step. We still like the house and would continue but my worry is getting a mortgage and any legal problems?

We haven't instructed solicitors yet but have them on stand-by just wondering what we should do next.

davidmcn

"Building regulations" rather than "planning permission", I expect. Current regulations require a downstairs toilet (rather than a whole bathroom), not sure if that applied in 2004 but it may well be the case that you wouldn't get approval to remove the WC.

How long ago was the work done? The risk of building control kicking up a fuss can probably be insured against, provided it wasn't done very recently.

You should probably instruct solicitors now you've got legal questions needing answered.

AdrianC

Building regs required one in new-build, for disability access reasons.

That doesn't mean there always has to be one there. Nor does it mean that removing it somehow invalidates the BR sign-off.
What plumbing addition has been done that "requires planning" (or even BR)?

I presume you had noticed there wasn't a downstairs bog, and were happy with that fact? 

JessJ23425

AdrianC said:

Building regs required one in new-build, for disability access reasons.

That doesn't mean there always has to be one there. Nor does it mean that removing it somehow invalidates the BR sign-off.
What plumbing addition has been done that "requires planning" (or even BR)?

I presume you had noticed there wasn't a downstairs bog, and were happy with that fact? 

There's been plumbing added for a machine in a utility area, not 100% on the details it was a very brief chat on the phone so still waiting for the report.

Yes absolutely, we're fine with not having one. My worry is for some reason we won't get a mortgage approved with these 2 things mainly.

Freecall

Forget planning permission it has no relevance whatsoever.

Part M of the Building Regulations has required a WC on the principle entrance floor (normally the ground floor in a house) since 1999.

Sub-section 0.11 of the regulations also states that "Where a dwelling is subject to a material alteration, the building should be no less compliant with requirement M4(1) than it was prior to the building work taking place."

In short, it is not permitted to remove all of the downstairs WC's.

Enforcement and even Building Control knowing about it is another issue of course.  The key issue will be surveyors highlighting it when a sale (or prospective sale) occurs.... as yours has.

JessJ23425

Freecall said:

Forget planning permission it has no relevance whatsoever.

Part M of the Building Regulations has required a WC on the principle entrance floor (normally the ground floor in a house) since 1999.

Sub-section 0.11 of the regulations also states that "Where a dwelling is subject to a material alteration, the building should be no less compliant with requirement M4(1) than it was prior to the building work taking place."

In short, it is not permitted to remove all of the downstairs WC's.

Enforcement and even Building Control knowing about it is another issue of course.  The key issue will be surveyors highlighting it when a sale (or prospective sale) occurs.... as yours has.

So now that this is highlighted what does it mean for us?
I've read about indemnity insurance in case building control ever come after it, is that sufficient protection?
Also we have to send this survey to the bank so what might it mean for the mortgage offer?

greatcrested

It's been highlighted to you- not to the council's Building Control Officer!

And BC can only enforce in the 12 months following the work. So as long as neither you nor the seller go to Building Control and tell them, nothing will happen.

Freecall

greatcrested said:

It's been highlighted to you- not to the council's Building Control Officer!

And BC can only enforce in the 12 months following the work. So as long as neither you nor the seller go to Building Control and tell them, nothing will happen.

Correct, it will probably only be an issue when you come to sell.  It is usually buyer/banks surveyors that pick these things up.

JessJ23425

Thanks for your comments
Ok so subject to Natwest not having any problem with the survey and us being fine with it, it should have no effect on the sale?

davidmcn

The chances are the bank won't ever know about it. The solicitors will sort it out.