Who's responsible for an illegal thing present in the project of the house?

Luke451

During an house purchase, something comes up, the solicitor says is fine and whatever it was done before, it's not my business, however  I'm not convinced, how does it work?

Is it my fault if the developer made a mistake, I was aware and I proceeded with the purchase?

How can the solicitor say that all is fine if then some regulator will make me change whatever needs to be changed?

Who's gonna pay for it?

user1977

You'll need to be less vague about the "thing" if you want any meaningful advice! Is this an actual problem you have?

Devongardener

What is it?

Luke451

user1977 said:

You'll need to be less vague about the "thing" if you want any meaningful advice! Is this an actual problem you have?

It's about a lightweight house extension, so not a proper heavy one which requires planning permission or whatever.

As far I know, it shouldn't be there, but it's there...

molerat

If there is something that does not conform it is generally the owner at the time when the relevant authority becomes aware or commences enforcement action that is responsible for rectifying.  That is why indemnity insurance policies are taken out in some circumstances.  If your solicitor, and I assume this is your own solicitor and not one advised by the developer, says it is OK then it most likely is as they would be leaving themselves open to a negligence claim if they advised incorrectly.

35har1old

Luke451 said:

user1977 said:

You'll need to be less vague about the "thing" if you want any meaningful advice! Is this an actual problem you have?

It's about a lightweight house extension, so not a proper heavy one which requires planning permission or whatever.

As far I know, it shouldn't be there, but it's there...

Are you talking about a mainly glass conservatory 

cymruchris

If it was built donkeys years ago, and complied to the relevant regs at the time then it's not something I'd be worried about. You've only given very vague information so nobody will be able to give acccurate info. If the solicitor says it's ok - generally that usually means it's ok. Should the local authority force you to court next year, you could take it up with your solicitor who told you it was ok. As above - indemnity policies might be worth looking at if you're genuinely worried. I can't say I'm sure what a 'lightweight house extension' looks like - do you mean something like a conservatory that's being used as an extra room? Or a timber frame with plastic sheet roof and asbestos walls?

(Does this one have a sewer in the back garden?)

user1977

You are still being quite vague - I am guessing the solicitor hasn't quite said it's "ok", but has explained the (low) risks to you? In which case, that's what they're meant to do. It's up to you to decide whether to accept the risk.

eddddy

If you want helpful advice, it's best to provide as much detail as possible.

It sounds like you're talking about something like a conservatory which has been added to a house.

If so,

• it might be permitted development, or it might require planning consent
• it might or might not need building control sign off
• it might or might not be at risk of enforcement action by the planning department and/or the building control department
• a mortgage lender might lend as it is, or might lend with indemnity insurance, or might not lend at all

It's also up to you whether you're happy with any risks that might exist.

It all depends on the precise details.

Section62

Luke451 said:

user1977 said:

You'll need to be less vague about the "thing" if you want any meaningful advice! Is this an actual problem you have?

It's about a lightweight house extension, so not a proper heavy one which requires planning permission or whatever.

As far I know, it shouldn't be there, but it's there...

Whether extensions are 'lightweight' or 'proper heavy' ones makes no difference to the need for planning consent.

Luke451

cymruchris said:

If it was built donkeys years ago, and complied to the relevant regs at the time then it's not something I'd be worried about. You've only given very vague information so nobody will be able to give acccurate info. If the solicitor says it's ok - generally that usually means it's ok. Should the local authority force you to court next year, you could take it up with your solicitor who told you it was ok. As above - indemnity policies might be worth looking at if you're genuinely worried. I can't say I'm sure what a 'lightweight house extension' looks like - do you mean something like a conservatory that's being used as an extra room? Or a timber frame with plastic sheet roof and asbestos walls?

(Does this one have a sewer in the back garden?)

If my solicitor says it's ok and he takes the responsability, why do I need this insurance? I miss this point.

Or maybe you're suggesting it just because it's a nice have or because something else could be also wrong?

It's an extension, but if it has to be removed, it would be done in a day and another one to clean it up by a team, the only annoying thing is the plumbing which requires more care, the electrical connection is just for the light...