Conservatory indemnity

KatieXZoe

Hi I am a FTB and am in the process of buying my first home. I love the property but as I am only a FTB cannot say that it is my 'forever home'. 

It has come to light that the property was built in 2002 and the current sellers built a conservatory in 2012 out the back. Unfortunately, they did not have any form of building regs sign off for this and now they have come to sell I am left with this information. The property also happens to have a sewer pipe running through the conservatory which the seller also did not discuss with the water company before building a conservatory on top of it..... 

So I have three indemnity policies on my prospective house now as advised by my solicitor: 

1. To cover the fact that there was no building regs sign off for conservatory 
2. To cover the fact that conservatory is built over a sewer pipe and they did not obtain consent from the water Company beforehand. 
3. For an unadopted road outside the front of the property. 

I have no idea what to make of these policies because from what I have read they are essentially patching up the work of a sloppy seller. My main problem is that in these policies they specifically state that we are not to undertake or make any alterations to the conservatory as this will cause the indemnity policy to become un-useable but what if it needs repairs over the years? Am I still covered for these? 

What about when it comes to selling the property on in future with all these indemnity policies? 

If anyone has any guidance it would be much appreciated

Grizebeck

They are a complete waste of money for the gullible public

KatieXZoe

Grizebeck said:

They are a complete waste of money for gullible public

This is the impression I'm getting, to be honest I'm not overly worried about us living there, more for reselling the property on.. I don't want to be left with a property that can't get indemnity insurance because I've had to repair a leaking conservatory and therefore it can't be sold on. 

Grizebeck

Oh dont worry about that 

user1977

What advice is your solicitor providing you?

KatieXZoe

user1977 said:

What advice is your solicitor providing you?

To not buy the property if we want to change the conservatory drastically (eg new roof) . (Have asked about performing general repairs but not had an answer yet). 

They said if happy with conservatory otherwise is OK 

user1977

KatieXZoe said:

user1977 said:

What advice is your solicitor providing you?

To not buy the property if we want to change the conservatory drastically (eg new roof) . (Have asked about performing general repairs but not had an answer yet). 

They said if happy with conservatory otherwise is OK 

Repairs aren't a problem. What the insurance won't cover you for is for you making subsequent alterations which themselves would have needed building regs approval - though that's the same as would apply if the conservatory already had consents. But given the council aren't going to come round kicking in your door about a conservatory built 11 years ago anyway....

eddddy

KatieXZoe said:

To not buy the property if we want to change the conservatory drastically (eg new roof) . (Have asked about performing general repairs but not had an answer yet). 

They said if happy with conservatory otherwise is OK 

Just to make sure that nothing has got lost in translation...

Does the conservatory definitely need building regulation sign-off?  Many types of conservatories don't.

(Your solicitors won't have seen the conservatory, so they might just be taking the safest option.)

However, conservatories are normally exempt from building regulations when:

• They are built at ground level and are less than 30 square metres in floor area.
• The conservatory is separated from the house by external quality walls, doors or windows.
• There should be an independent heating system with separate temperature and on/off controls.
• Glazing and any fixed electrical installations comply with the applicable building regulations requirements (see below).
• The conservatory is single storey.

link: https://www.planningportal.co.uk/permission/common-projects/conservatories/building-regulations

 

KatieXZoe

eddddy said:

KatieXZoe said:

To not buy the property if we want to change the conservatory drastically (eg new roof) . (Have asked about performing general repairs but not had an answer yet). 

They said if happy with conservatory otherwise is OK 

Just to make sure that nothing has got lost in translation...

Does the conservatory definitely need building regulation sign-off?  Many types of conservatories don't.

(Your solicitors won't have seen the conservatory, so they might just be taking the safest option.)

However, conservatories are normally exempt from building regulations when:

• They are built at ground level and are less than 30 square metres in floor area.
• The conservatory is separated from the house by external quality walls, doors or windows.
• There should be an independent heating system with separate temperature and on/off controls.
• Glazing and any fixed electrical installations comply with the applicable building regulations requirements (see below).
• The conservatory is single storey.

link: https://www.planningportal.co.uk/permission/common-projects/conservatories/building-regulations

 

Unfortunately,, it has a radiator in there extending from the main pipework from house, not from an independent heat source, therefore I believe it does I think 

KatieXZoe

user1977 said:

KatieXZoe said:

user1977 said:

What advice is your solicitor providing you?

To not buy the property if we want to change the conservatory drastically (eg new roof) . (Have asked about performing general repairs but not had an answer yet). 

They said if happy with conservatory otherwise is OK 

Repairs aren't a problem. What the insurance won't cover you for is for you making subsequent alterations which themselves would have needed building regs approval - though that's the same as would apply if the conservatory already had consents. But given the council aren't going to come round kicking in your door about a conservatory built 11 years ago anyway....

This is what I thought. But I just can't find anywhere on the paperwork that states that repairs are allowed. It just says not to make alterations to it at all as this will invalidate the indemnity 

ThisIsWeird

What a pain!

My understanding is as said above; Build Control are not going to take action now - too much time has elapsed. The only usual exception to this is if there's a safety issue (which they'd somehow get to know about), but I presume it isn't about to fall down  on your head due to a poor build?

The main issue is the sewer build-over, and what would happen if that got blocked. I take it it's a public sewer - IE serves more than just this house - or else the WB is unlikely to be concerned? In which case, I'd look at what the indemnity actually covers. Will it pay out for repairs, regardless of complexity or cost?! IE, will they either 'mole' a new drain and connect it at both ends? Or dig up your floor, repair the pipe, and make it all good again? Adding inspection covers if not already present? Just what will it pay out for?! If just your 'legal fees' in order to try and challenge any enforcement, then I wonder what use that would be?

The 'not making alterations' bit could be tricky, but then how will 'they' know what alterations have been made should any claim be required? Ok, that's not the correct approach to this, but I'd suggest that reasonably like-for-like repairs will have zero bearing, but - say - turning it into more of a 'garden' room - part wall - may do so, the reasoning be the potential added weight on the founds (and you presumably don't know the quality of the founds or if the pipe was properly built over). Ditto for a new roof - if going 'insulated', make sure it's a lightweight type, such as plastic tiles, and not real tile and/or glass. Bear in mind a pedantic insurance assessor may be looking carefully for get-outs...

It is to a fair degree a 'gamble'. Chances are the sewer pipe will be fine, and when you come to sell, it will have 'proven' itself to be the case even more.  And if the current indemnity does cover for a full pipe repair/replace, then you should be ok - and your future buyer also.

Have you had a sewer pipe check? It doesn't cost much - ours was just over £100 including CCTV - and I think the seller should pay for this in your case to prove the pipe is currently without issues.

And are there inspection covers at each end? Both within your boundaries?