Red Flag? Seller doesn't want to help with proving the extension was signed off correctly

FreeBear

km1500 said: If a load bearing wall has been removed then there should be building control records somewhere as you are not allowed to do this without building regs.

Still doesn't stop some people knocking down load bearing walls. It isn't helped by some of the more disreputable builders that say building regs/control is not needed (and we can do a cash job on the cheap).

km1500

if the building falls down and the insurance company make enquiries and find the surveyor warned the OP a load bearing wall had been removed and no building reg approval had been found then ....

user1977

km1500 said:

if the building falls down and the insurance company make enquiries and find the surveyor warned the OP a load bearing wall had been removed and no building reg approval had been found then ....

Like I said above, if the building "falls down" then that probably isn't because of an insured risk, no matter what the history is.

eddddy

km1500 said:

if the building falls down and the insurance company make enquiries and find the surveyor warned the OP a load bearing wall had been removed and no building reg approval had been found then ....

You need to take a look at a buildings insurance policy. It will cover specific risks like:

• fire, explosion, storms, floods, earthquakes
• theft, attempted theft and vandalism
• frozen and burst pipes
• fallen trees, lampposts, aerials or satellite dishes
• subsidence
• vehicle or aircraft collisions.

So if the building falls down because of a gas explosion, it should be covered by buildings insurance, whether there is building regs approval or not.

If any building falls down due to poor workmanship or poor materials, it won't be covered by buildings insurance, whether there is building regs approval or not.


So the insurance question isn't really relevant.

km1500

"So if the building falls down because of a gas explosion, it should be covered by buildings insurance, whether there is building regs approval or not."

You obviously don't know insurance companies !!

The onus is on the OP to tell their insurer all material facts, and in particular any fact that would either 1. if known, cause the insurer to refuse to provide insurance or 2. if known, cause the insurer to increase the premium payable or include exclusions.

The OP knows there is a load bearing wall removed and no building regs. They MUST disclose this fact to their insurer on any proposal form.

user1977

km1500 said:

You obviously don't know insurance companies !!

We do. It's a (admittedly rather popular) myth that they get out of claims by using obscure technicalities.

Like I said, they do not ask about building regulations approval etc, and a huge proportion of buildings do not have consents for one thing or another. That's all part of the risk they take on. If they don't ask about something on the proposal form, there's no implication that you need to volunteer the information.

movilogo

If council planning portal shows application for extension granted but seller can't provide documentation then I would not worry much especially if extension was done over 10 years back. After this time, council can't really do anything.

However, if council planning portal does not even show any traces of planning approval of the extension, this is a red flag - not because council can fine you (they can't after 10 years) but it may be a unsafe and/or costing a lot to fix + potential sale problem in future.

km1500

Sorry, was editing my post when you replied.

" If they don't ask about something on the proposal form, there's no implication that you need to volunteer the information."

There is if you know a material fact and are hiding it.

"When applying for insurance, you will be asked to disclose all material facts that could affect the risk. Why, because the law assumes you know everything about the risk you wish to insure and the insurer does not. For the insurer to be able to select the risks it wishes to insure, at the right price and on the terms and conditions which reflect your risk, you as the only party with that information, have to declare all relevant information to the insurer. This is what is referred to as material facts.

Should you fail to disclose (called a non-disclosure) or misrepresent a fact, then you risk the insurer only paying part of a claim, declining to pay all of the claim and possibly, declaring the policy invalid."

Your point about there being lots of building in the country where no one knows ... etc is valid. However this is not the case here. The OP has been explicitly told by a professional surveyor - to quote "the surveyor just said they can see a load-bearing wall has been removed, but they couldn't comment on anything else as it had all been covered up."

user1977

km1500 said:

There is if you know a material fact and are hiding it.

That used to be the position, but it no longer applies for consumer contracts. They need to actually ask you the question.

In any event, it would need to be a fact relevant to whatever claim you end up making. If you claim for a chip pan fire, the insurers can't get out of paying because you told them something incorrect about the locks on your front door.

steampowered

What you need to do is let the estate agent know that you need this information, but have not been able to get it via solicitors - so can they please ask the seller. 

You then need to instruct your solicitor to tell the sellers' solicitor that you will not be proceeding with the sale unless it is provided.