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no build over agreement.

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Hi everyone, 
i am new to this and using the forum for the first time,  any help would be much appriciated.
i am about to buy this property, its a nice 1960 bunglow in a green belt area.
the sellers did an extention in 2004 with planing permision and building regulation aproved, but they didnt get completion cerificate nor they have build over agreement as they build over a shared drainage pipe running underneath the lounge(extention). there is one manhole underneath the extention and one in the driveway.

my solicitors have suggested to get an indemnity insurance, but i am worried if they have to do any works in the future, would the water company dig up the extention or knock it down.

i have attached plans.

Thankyou.




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Comments

  • Swasterix
    Swasterix Posts: 347 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    We had the same situation when we bought our property. Vendors paid for an indemnity insurance. It’s pretty unlikely they would have to rip your extension down. However if there was a problem with the drains and the water board had to rip up your nice tiled floor and floorboards to access a pipe, the indemnity insurance would cover you for the remedial work to put it right afterwards. (that’s my understanding anyway, but best check with your solicitor). 

    Having said that, I guess it’s not very likely that it would happen, otherwise the insurance would be prohibitively expensive. Depending on the circumstances there are ways to repair a pipe without ripping the floor up!
  • 1sunnny
    1sunnny Posts: 10 Forumite
    First Post
    Swasterix said:
    We had the same situation when we bought our property. Vendors paid for an indemnity insurance. It’s pretty unlikely they would have to rip your extension down. However if there was a problem with the drains and the water board had to rip up your nice tiled floor and floorboards to access a pipe, the indemnity insurance would cover you for the remedial work to put it right afterwards. (that’s my understanding anyway, but best check with your solicitor). 

    Having said that, I guess it’s not very likely that it would happen, otherwise the insurance would be prohibitively expensive. Depending on the circumstances there are ways to repair a pipe without ripping the floor up!
    Thankyou swasterix,

    Did you get any special insurance as my solicitor has suggested that we should ask the vendor for 2 different indemnity insurance.

    1. To cover us from the council as completion certificate is not in place.

    2. He has suggested build over indemnity insurance, which will protect us from the cost if water company rips the anything apart.

    also, we have a manhole on the driveway so i think If there is any blockage in the future they should be able to access it from that one.
  • Doozergirl
    Doozergirl Posts: 34,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 August 2020 at 5:20PM
    A 1960s house with a 2004 extension would never have needed a build over agreement! 

    Until 2011, only houses built before 1937 would have needed agreement.   It was only in 2011 that the water authorities adopted the shared drains of younger houses.  

    No build over agreement needed, therefore no indemnity needed for that element. 

    You either have building control approval or you don't, there isn't really approval and then a completion certificate.  The approval is the completion certificate.  If it has approval, it has approval.  
    Everything that is supposed to be in heaven is already here on earth.
  • Swasterix
    Swasterix Posts: 347 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    1sunnny said:
    Swasterix said:
    We had the same situation when we bought our property. Vendors paid for an indemnity insurance. It’s pretty unlikely they would have to rip your extension down. However if there was a problem with the drains and the water board had to rip up your nice tiled floor and floorboards to access a pipe, the indemnity insurance would cover you for the remedial work to put it right afterwards. (that’s my understanding anyway, but best check with your solicitor). 

    Having said that, I guess it’s not very likely that it would happen, otherwise the insurance would be prohibitively expensive. Depending on the circumstances there are ways to repair a pipe without ripping the floor up!
    Thankyou swasterix,

    Did you get any special insurance as my solicitor has suggested that we should ask the vendor for 2 different indemnity insurance.

    1. To cover us from the council as completion certificate is not in place.

    2. He has suggested build over indemnity insurance, which will protect us from the cost if water company rips the anything apart.

    also, we have a manhole on the driveway so i think If there is any blockage in the future they should be able to access it from that one.
    Our cover is for the lack of build over agreement, so only protects us from any repairs arising from work that the water company may need to do. I didn’t really have anything to do with arranging it, as the vendor offered to pay for it (I would have insisted they did anyway). Your solicitor should be able to advise on what is available/suitable. Although as per other reply, it seems you may not need it anyway!
  • I'd certainly have a CCTV drains survey carried out before purchase even if a B-O agreement is not needed. 
  • 1sunnny
    1sunnny Posts: 10 Forumite
    First Post
    A 1960s house with a 2004 extension would never have needed a build over agreement! 

    Until 2011, only houses built before 1937 would have needed agreement.   It was only in 2011 that the water authorities adopted the shared drains of younger houses.  

    No build over agreement needed, therefore no indemnity needed for that element. 

    You either have building control approval or you don't, there isn't really approval and then a completion certificate.  The approval is the completion certificate.  If it has approval, it has approval.  

    Thankyou Doozergirl,
    That's a great relief.
    the property has the building control approval which was given just after planning permission was approved and before the building work actually started so i got a bit confused.

    but saying that my solicitor should have known about this, but when i mentioned it to him last week he said the vendor need to provide a separate completion certificate which a building inspector will come at every stage, check the progress and give a final certificate at the completion of the building works.


  • 1sunnny
    1sunnny Posts: 10 Forumite
    First Post
    Our cover is for the lack of build over agreement, so only protects us from any repairs arising from work that the water company may need to do. I didn’t really have anything to do with arranging it, as the vendor offered to pay for it (I would have insisted they did anyway). Your solicitor should be able to advise on what is available/suitable. Although as per other reply, it seems you may not need it anyway!

    That's good as i have heard some vendors insists buyers to buy the insurance.
    hopefully i should have a clearer picture when i discuss this with my solicitor on Tuesday as this is taking absolutely ages.

  • 1sunnny
    1sunnny Posts: 10 Forumite
    First Post
    I'd certainly have a CCTV drains survey carried out before purchase even if a B-O agreement is not needed. 

    Thankyou.

    Do you know roughly how long do they take to come out and do a cctv drains survey and how much it cost.
  • Doozergirl
    Doozergirl Posts: 34,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    1sunnny said:
    I'd certainly have a CCTV drains survey carried out before purchase even if a B-O agreement is not needed. 

    Thankyou.

    Do you know roughly how long do they take to come out and do a cctv drains survey and how much it cost.
    It's usually based on time, but say £150-300.  Not that long, it depends on how many drains you have.  They'll give you a copy of the video.  
    Everything that is supposed to be in heaven is already here on earth.
  • Doozergirl
    Doozergirl Posts: 34,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 August 2020 at 10:40AM
    1sunnny said:
    A 1960s house with a 2004 extension would never have needed a build over agreement! 

    Until 2011, only houses built before 1937 would have needed agreement.   It was only in 2011 that the water authorities adopted the shared drains of younger houses.  

    No build over agreement needed, therefore no indemnity needed for that element. 

    You either have building control approval or you don't, there isn't really approval and then a completion certificate.  The approval is the completion certificate.  If it has approval, it has approval.  

    Thankyou Doozergirl,
    That's a great relief.
    the property has the building control approval which was given just after planning permission was approved and before the building work actually started so i got a bit confused.

    but saying that my solicitor should have known about this, but when i mentioned it to him last week he said the vendor need to provide a separate completion certificate which a building inspector will come at every stage, check the progress and give a final certificate at the completion of the building works.


    Yes, so they've applied, possibly with detailed plans (you don't have to) and they've quite possibly had inspections and not sorted the final certificate. 

    I always think this is better than not contacting them at all, because at least they had some clue of what was needed.  People often forget about the last one, they're just relieved to be moving in and it drops down the list of things to do.   

    There's always a dichotomy because the best thing would be to contact the council and get it signed off, but the worst thing to do for the insurance cover is contact the council.  And you don't know how far they got with it until you contact the council... 

    Decent survey to help cover your backside is probably the best course of action, letting the surveyor know that there's no sign-off, so they need to look a bit harder and not use building control to cover their own backside. 
    Everything that is supposed to be in heaven is already here on earth.
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