Lack of Building Regulations for extension, options available

vkvp

Hi All,
We are interested in a property and our offer was accepted in July and we had to put more than asking price due to competition.
The vendor has mentioned in initial Property Information form that they have all permissions, documentation for the extensions carried out to the house. Obviously they didn't. 
About the work done to the property - 
Current owner bought the property in 2007.
Back in 1998 the owner at the time has got planning permission for rear extension along with car port on the side & bedroom above the carport. But obviously they didn't get Building Control completion certificates which is highlighted in council online portal along with searches.
Since the current owners (our vendors) moved in, they carried out kitchen extension and converted car port into a play room downstairs in 2017. They have obtained PP & Building regulations completion certificates for the work they carried out.
After 16 weeks, last week the vendors revealed that their previous owner have bought an indemnity insurance to cover for the risk and they want to do the same for us. But this was revealed just along with contract papers.
We are scratching our head whether shall we go ahead or drop out from the transaction.
Obviously, we are going for Buildings survey L3 and structural survey if Building surveyor recommends post his survery. If the surveys comes back no clear threat or safety issue, then we may consider moving forward but I'm unsure of indemnity cover validity since we plan to carry out further works on the property when we move in.
We want to build an ensuite to the bedroom that hasn't got Building control certificate. Will it void our indemnity insurance? Will council building inspector notice of the missing building control to the bedroom where our new ensuite goes? Can building inspector then go back to council to report on our property?
Since the vendors converted the car port(no building regs certificate) into a playroom, I believe it won't cause issues with our work in future.

If council, in future, comes back and take enforcement action, are they going to ask to remove the extensions that haven't got building regulations? Can I negotiate to lower the offer with vendors as I need to carry these risks?

Thanks in advance for your time to read my post and replies. 

davidmcn

It's too late for enforcement action for anything built in the 1990s, I wouldn't worry about that.

vkvp

@davidmcn Thanks for reply - but there is no timeline for council to get injunction notice from court as I read.

croag

Indemnity insurance should be enough to quell your fears? What are you really worried about here? No enforcement will be taken against you.

sten_super

As davidmcn says, no risk of enforcement from council at this stage. The only concern you might need addressing is the quality of the build - but the fact that it's been there since 2000 should mean that any structural issues are obvious to the surveyor.

I say this as someone in the process of buying a house with the same issue (no building regs on an extension completed in 2002). The vendor arranged an indemnity policy, and our building survey said that he could see no issues with the quality of the construction, which was good enough for us.

davidmcn

vkvp said:

@davidmcn Thanks for reply - but there is no timeline for council to get injunction notice from court as I read.

Why on earth would the council go to the time and expense of doing that, even if it were theoretically possible? It does not happen.

Surrey_EA

After a period of 12 months from when the work has been completed the only way the council can take enforcement action is by seeking a court order.
I would think it is highly, highly unlikely that they will have any interest in doing so for works carried out 23 years ago.

Get your surveyor to have a good look, but it really wouldn't worry me at this point in time that paperwork is missing. If the work had been done 18 months ago that might be different.

vkvp

davidmcn said:

vkvp said:

@davidmcn Thanks for reply - but there is no timeline for council to get injunction notice from court as I read.

Why on earth would the council go to the time and expense of doing that, even if it were theoretically possible? It does not happen.

Thanks davidmcn, I agree with you that council might not come on their own to inspect or remove 20 years old work now. But my concerns as below which I mentioned in original post -
** We want to build an ensuite to the bedroom that hasn't got Building control certificate. Will it void our indemnity insurance? Will council building inspector notice of the missing building control to the bedroom where our new ensuite goes? Can building inspector then go back to council to report on our property? **

davidmcn

vkvp said:

davidmcn said:

vkvp said:

@davidmcn Thanks for reply - but there is no timeline for council to get injunction notice from court as I read.

Why on earth would the council go to the time and expense of doing that, even if it were theoretically possible? It does not happen.

Thanks davidmcn, I agree with you that council might not come on their own to inspect or remove 20 years old work now. But my concerns as below which I mentioned in original post -
** We want to build an ensuite to the bedroom that hasn't got Building control certificate. Will it void our indemnity insurance? Will council building inspector notice of the missing building control to the bedroom where our new ensuite goes? Can building inspector then go back to council to report on our property? **

Your concerns are misplaced. They will deal with your application for the works you're carrying out. They're not going to go over the rest of the house and demand that you fix other stuff.

vkvp

Thanks everyone for your quick replies. I should've placed my questions all together but can't edit now. I'm relieved about the council's voluntary enforcement action. But my outstanding queries are:
** We want to build an ensuite to the bedroom that hasn't got Building control certificate. Also the rear extension is 2 meters. We may want to extend it one more meter totalling 3 meters (permitted development). Will it void our indemnity insurance if we go council for Building regulations for the works we carry out? Will council building inspector notice of the missing building control to the bedroom where our new ensuite goes & & previous 2m extension? Can building inspector then go back to council to report on our property? **

lincroft1710

vkvp said:

Thanks everyone for your quick replies. I should've placed my questions all together but can't edit now. I'm relieved about the council's voluntary enforcement action. But my outstanding queries are:
** We want to build an ensuite to the bedroom that hasn't got Building control certificate. Also the rear extension is 2 meters. We may want to extend it one more meter totalling 3 meters (permitted development). Will it void our indemnity insurance if we go council for Building regulations for the works we carry out? Will council building inspector notice of the missing building control to the bedroom where our new ensuite goes & & previous 2m extension? Can building inspector then go back to council to report on our property? **

Your (absolutely pointless) indemnity policy will not cover future works.

Your Building Control inspector will deal with the works set out in your Building Regulations Approval application

Your Building Control inspector will not investigate past constructions (unless, perhaps, on inspection it turns out you are trying to add your ensuite to a bedroom constructed from sheet asbestos cement walls and corrugated asbestos cement roof on a weak timber frame with MDF inner walls and no insulation!)