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Bought undisclosed unpinned house

We bought our house about 2 years ago. Since this time, we have learned from our neighbours that the previous owner suffered damp issues which are now appearing for us. This issue is on an external wall which is a party wall, the otherside is on our neighbours property, so we don't see it very often. We are in process of replacing the external rendering on this wall in hopes of fixing the damp issue, and we have discovered what looks to be underpinning (a concrete foundation corner running the length of the wall). In addition, there is a long vertical crack in the brickwork but it doesnt appear to spreading. This crack was under the rendering we are removing and we can approximate the rendering has also been there for at least 30 years. Speaking again to our neighbour who is a long time resident, he tells us that about maybe 40 to 50 years ago there was underpinning performed but could not remember where, and mentioned it was before the previous owners time.

With all this said, we have read and reread our full building survey and the sellers questionnaire and neither mention either the damp nor any underpinning. One thing that is very notable however is that the surveyor did not survey the side of the house in question as it is on our neighbours property.

Our main question is how do we move forward? We are first time buyers so this is all very stressful to us. Due we persue legal action against the previous owner? She hid the damp from us so I would not be surprised she knew of this. In terms of reselling, is it safe to ignore? My thought being the length of time and no real noticeable movement.There is no paperwork or certifications for the work though. We are also unable to turn up any planning permissions for this work or any work on the house. Our original plans were to get an extension and do the house up, but with this we are really unsure if it will be even worth doing. We are not super pleased with the house as is anyway and would ideally like to sell in the near term.

Please can anyone give us guidance!

«1

Comments

  • If you are concerned that there may be ongoing structural movement (and I don't think that's necessarily what you're saying) then have a structural engineer take a look - it will be a few hundred Pounds well spent if it ensures peace of mind.  Presumably you are speaking to an architect about the extension so do also considering asking him/her for a view.
    Incidentally underpinning would not require Planning Permission, although it might (depending on when and where) have required Building Regulations/Warrant approval.


    Health Warning: I am happy to occasionally comment on building matters on the forum. However it is simply not possible to give comprehensive professional technical advice on an internet forum. Any comments made are therefore only of a general nature to point you in what is hopefully the right direction.
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Are you sure the seller 'hid' the damp from you?  Did you actually ask "Is there any current, or history of, damp?" and did the seller reply "No."?
    Or did the seller deny you access to undertake a survey?
    I think it highly unlikely you could take sucessful legal action against the seller.
    If the underpinning was 40-50 years ago, it's very possibe the seller did not know about it, especially since you yourself only found evidence to it by going onto next door's property.
    You say you are FTBs, but that's no longer the case - you are first time owners, so the questions you face are 1) is there a problem and 2) how can you fix it? (rather than who can you blame).
    Damp - I assume you've had expert advice that the cracked render is the cause - that being the case (and there are of course other possible causes) I would simply strip off the render and not replace it. Let the wall dry out naturally (and fix any pointing that is required). If you want to improve the look of the wall aesthetically for your neighbours (I understand it's only they who can see it?), I'd paint it.
    The crack. You say it "doesnt appear to spreading" in which case there's no problem. I would simply monitor it (or get a surveyor to measure/monitor it) - another reason not to cover it up with render again. Or if your surveyor/architect dismisses it as a problem, then fill it when re-pointing and either paint over or leave the brickwork exposed.



  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    welcome to home ownership. We found the bathroom leaking into the downstairs kitchen one morning soon after completion. you know who's fault it was? Ours, we didn't get a plumbing survey/ properly checked the bathroom. Vendor did a good job of re painting previous leaks in the past, hats off to them. 
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Is the wall you mention an external wall between 2 properties (a rendered brick fence type structure) or does 1 side of the wall form an internal barrier for your house?
    I may have misread but I read that you might be referring to an external wall (apologies if wrong).
    But as greatcrested said..
    This is part of being a hone owner.
    May you find your sister soon Helli.
    Sleep well.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Frankly, if the crack has been under the render for 40-50 years without anything showing, you probably don't have anything to worry about. As for the underpinning, the vendor may never have known. And if you forget what you saw, you might also have plausible deniability. 

    If it was me, I'd get the damp fixed and forget about the rest of it. 
  • Ok, I get it. If theres no recourse then we are stuck with it. What would be the best options for when it comes to selling? From what Ive read, a buyer will want some kind of documentation or certification for the work. Is it possible to get this 'recertified' somehow? I dont think we will ever get hold of the original paperwork. 
    Or... do we ignore it and plead ignorance when we fill out the selling forms? Nobody in an official capacity has said theres underpinning.
    Basically, what can we do to put ourselves into a better position for selling?
  • FreeBear
    FreeBear Posts: 18,306 Forumite
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    greatcrested said: I would simply strip off the render and not replace it. Let the wall dry out naturally (and fix any pointing that is required). If you want to improve the look of the wall aesthetically for your neighbours (I understand it's only they who can see it?), I'd paint it.
    Depending on the type of wall, choose an appropriate paint - For a solid brick without cavity, a breathable paint (Silicate) or lime wash. That would allow the wall to continue to dry out and help with any internal damp issues.
    When repointing, use a mortar consistent with the age of the building - Modern construction, cement is OK. Anything older, a lime mortar is best.
    Any language construct that forces such insanity in this case should be abandoned without regrets. –
    Erik Aronesty, 2014

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • FreeBear said:
    greatcrested said: I would simply strip off the render and not replace it. Let the wall dry out naturally (and fix any pointing that is required). If you want to improve the look of the wall aesthetically for your neighbours (I understand it's only they who can see it?), I'd paint it.
    Depending on the type of wall, choose an appropriate paint - For a solid brick without cavity, a breathable paint (Silicate) or lime wash. That would allow the wall to continue to dry out and help with any internal damp issues.
    When repointing, use a mortar consistent with the age of the building - Modern construction, cement is OK. Anything older, a lime mortar is best.
    It is a solid brick wall (no cavity). We are using a lime render + lime wash paint as instructed by a damp specialist.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The vendor is not obliged to reveal any faults to you. They simply have to answer any questions you might ask truthfully, whether verbally or in writing. It's up to you to ask the questions.
    No free lunch, and no free laptop ;)
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ok, I get it. If theres no recourse then we are stuck with it. What would be the best options for when it comes to selling? From what Ive read, a buyer will want some kind of documentation or certification for the work. Is it possible to get this 'recertified' somehow? I dont think we will ever get hold of the original paperwork. 
    Or... do we ignore it and plead ignorance when we fill out the selling forms? Nobody in an official capacity has said theres underpinning.
    Basically, what can we do to put ourselves into a better position for selling?
    You are not an expert. OK - so you've seen some concrete at the base of the wall- how are you to know what that means? Maybe there was an old concrete patio there once. Maybe it's part of the original foundations? How can you know there was underpinning - unless of course you get a professional in to write a report....
    And no realistic buyer is going to expect certification for work done 40 years ago.
    As far as selling is concerned you are over-thinking this.
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