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Conservatory modifications w/o Building regs

I'm buying a maisonette which has a conservatory attached. I had a HomeBuyer survey done back in November, and the following issue came up, which I raised with my solicitor: 

There appears to be permanent heating installed and the separating doors between the original living

accommodation and the conservatory have been removed. By carrying out these works, the conservatory is

now considered to be an extension and additional statutory consents may be needed. Your legal adviser should

confirm that all statutory consents have been obtained.

The conservatory was built and had planning permission in 2008. However the modifications weren't certified against building regulations. The seller has agreed to provide indemnity insurance to cover this. 
My question now is: what is the worst case scenario of me buying a property like this where modifications perhaps don't comply with building regs? What risks am I taking?
Am I risking that the conservatory might drain some heat from the rest of the property because of the removal of a separating door?
What if I wanted to do works that needed planning permission or compliance with building regulations? Would I be subject to investigation on the works done prior to my purchase? 

Comments

  • eddddy
    eddddy Posts: 17,789 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    If the alterations were done more than a year ago, there is no risk of enforcement by the building control department (assuming that you can provide reasonable proof that the alterations were done more than a year ago).

    So if the alterations were done more than a year ago, you can apply for planning permission or building compliance certification for any new works without any problem.

    As for how well insulated the conservatory is against heat loss, you'd need to get a surveyor (or other suitable professional) to take a look at it and give you their opinion. I guess you could put the doors back, if you're worried about heat loss.


  • frogglet
    frogglet Posts: 773 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 4 February 2021 at 1:01AM
    Conservatories are freezing in winter, i would think it has a massive impact on heating bills.
     Have they just removed the doors and left the door frames so they can be put back?
    I wouldn't buy a house where a conservatory with a plastic roof was open to my house.
    We had a lightweight tiled roof put on ours which made a massive difference to heat loss.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Most conservatories are not very well-built, and those that are still have the disadvantage of a large heat loss area in the roof. Lightweight 'solutions' are common, but simply replace one problem with another if the result is a gloomy room behind.
    The question you should ask is how much you will need the conservatory, because the ability to add external grade door is bound to be there quite cheaply, but if you will require the conservatory as a 24/7 space, that won't help.
    We have a conservatory built to a high standard and at this time of year we close the door on it at around 6pm. We don't need the space, but quite often we use it in winter day time if the weather is half-reasonable. The extra light helps to combat SAD. It even heats the main house area if it's sunny during the middle part of the day in winter, but this is a bonus and not a full reason for installing one.
    So think carefully about the maisonette without the conservatory to see if it will still meet your needs. The regs are a minor detail, easily overcome or no longer relevant..


  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Noname90 said:
    I'm buying a maisonette which has a conservatory attached. I had a HomeBuyer survey done back in November, and the following issue came up, which I raised with my solicitor: 

    There appears to be permanent heating installed and the separating doors between the original living

    accommodation and the conservatory have been removed. By carrying out these works, the conservatory is

    now considered to be an extension and additional statutory consents may be needed. Your legal adviser should

    confirm that all statutory consents have been obtained.

    The conservatory was built and had planning permission in 2008. However the modifications weren't certified against building regulations. The seller has agreed to provide indemnity insurance to cover this.
    What "this" does the indemnity actually cover?
    What will it pay out for?
    The most likely answer is "Legal costs in the event of the LA taking action for breaching BR".
    And I bet it's a perpetual policy, costing about four shiny buttons. Now take off commission and admin costs from that premium. What does that tell you about the insurer's risk of paying out?
    My question now is: what is the worst case scenario of me buying a property like this where modifications perhaps don't comply with building regs? What risks am I taking?
    Precisely zero legal risk of any enforcement for breach of BR or PP. The work is simply too long ago.
    Am I risking that the conservatory might drain some heat from the rest of the property because of the removal of a separating door?
    Yes. Conservatories are very, VERY poorly heat-insulated. They're hot in summer and cold in winter. Removing the doors makes that open to the house.
    What if I wanted to do works that needed planning permission or compliance with building regulations? Would I be subject to investigation on the works done prior to my purchase? 
    No.

    But surely there's a really easy way to bring it back into compliance (if you're worried about that) and improve the insulation of your home...? Put the doors back on?
  • We are buying a house with a conservatory that the vendor has removed the internal doors to. Our mortgage lender requires an indemnity which we know is pointless but we’ll buy it to keep them happy. We’ll probably end up putting doors back in at some point as others say conservatories are incredibly cold in winter and baking in summer! Other than that I don’t think there is any great risk of having it and impact on any future works. 
    I have found, through painful experience, that the most important step a person can take is always the next one.

    ~ Dalinar Kholin (Oathbringer)
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