Extension with no building regs

R583

Hi everyone, any advice on the below would be massively appreciated. Me and my boyfriend are trying to buy a flat in London - we’ve had the offer accepted but have hit a snag during searches. Turns out there is a tiny extension to the kitchen, for which there is no planning permission / building regs. 

The vendor is denying they did the extension, but we know they are lying as we asked the neighbour (the vendor doesn’t know this) and  vendor asked the freeholder for permission for a rear extension about a year ago. 

Our solicitor is warning us not to proceed without local authority approval but the vendor is refusing to get this (making us think that perhaps it wouldn’t pass). It probably comes under permitted development but still needs building regs. 

What can we do? We will try to apply the pressure as presumably this would be an issue for any buyer but we just aren’t getting anywhere with the vendor. He’s suggested an indemnity policy but I don’t think this would apply if the work has been done in the last year. 

We’ve also been trying to buy for over a year now, so our frustration may be clouding our judgement! 

Any advice would be so appreciated. Thank you

user1977

If it needs freeholder's consent (does it?) then have you at least seen that?

When is he claiming the work was done? How long has he owned for?

R583

Yes they’ve got consent from the freeholder for a “rear extension” which is how we know they are lying that it was done before they bought it.

They only bought it last June (it was an investment purchase that they flipped and are trying to resell) 

user1977

Then you tell them they need to get retrospective approval, or else everyone twiddles their thumbs until you reach the date when an indemnity insurer will cover it.

Or you take a view on it (but you probably can't if you're buying with a mortgage).

EssexHebridean

Talk to your solicitor about indemnity insurance, but that may not be an option as with the best will in the world nobody can say that the local authority aren't aware of the works happening. 

I suppose the devil's advocate also says to question if they are willing to lie through their teeth about something so easily checkable, what else are they lying to you about? My gut is saying this could be one to walk away from. 

GDB2222

Does an indemnity policy pay for remedial building work? Or, indeed, stop it collapsing on top of you?

user1977

GDB2222 said:

Does an indemnity policy pay for remedial building work? Or, indeed, stop it collapsing on top of you?

No. It pays for whatever the minimum is necessary to resolve any enforcement action from building control.

Not that compliance with building regs is much of a guarantee of good workmanship - if the OP wants reassurance about the condition of the extension (or the rest of the property) they should be getting that from their surveyor.

MEM62

R583 said:

Our solicitor is warning us not to proceed without local authority approval but the vendor is refusing to get this (making us think that perhaps it wouldn’t pass). It probably comes under permitted development but still needs building regs. 

What can we do? 

Pull out of the purchase.  

FreeBear

EssexHebridean said: I suppose the devil's advocate also says to question if they are willing to lie through their teeth about something so easily checkable, what else are they lying to you about? My gut is saying this could be one to walk away from. 

Electrics, gas - Both would be suspect in my opinion and require further checks. If they bought to flip, you can bet your last pound on the work being done as cheaply as possible. It will be a thin veneer of finish hiding all sorts of surprises.

Noneforit999

As its a flat, it doesn't fall under PD rights for the extension looking on the Planning Portal website so it should have had both PP and BR.

https://www.planningportal.co.uk/permission/common-projects/flats-and-maisonettes/extending-ground-floor-flat

Did the extension mean moving an external wall outwards to create a larger area? If so, I would want to see proof it was done properly from a structural point of view.

EssexHebridean

FreeBear said:

EssexHebridean said: I suppose the devil's advocate also says to question if they are willing to lie through their teeth about something so easily checkable, what else are they lying to you about? My gut is saying this could be one to walk away from. 

Electrics, gas - Both would be suspect in my opinion and require further checks. If they bought to flip, you can bet your last pound on the work being done as cheaply as possible. It will be a thin veneer of finish hiding all sorts of surprises.

This sounds like it could be the sort of property where if it has electric heating, I'd expect those doing the refurb to have ripped out functioning night storage heaters in favour of flashy looking but cheap panel heaters because they look more appealing, never mind the fact that they'll cheerful bankrupt the new owner!