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

eddddy

Luke451 said:

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

A solicitor won't simply say that the extension is or isn't ok.

• Your solicitor will explain the risks to you and to your mortgage lender (if you're applying for a mortgage), and perhaps give their opinion on whether you should proceed.

• Your mortgage lender will then decide whether they want to lend to you, given the risks
• (Your mortgage lender might say they'll only lend, if you arrange indemnity insurance. Or they might say that the risks are too high and they won't lend at all.)

• You can then decide whether you want to proceed with the purchase, given the risks

bobster2

Luke451 said:

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...

You need to be more specific about the concern your solicitor has raised - and what sort of indemnity insurance they are suggesting.

As an extension to an existing property it could in principle...

- Have needed planning permission.
- Have needed building regulations approval.
- Potentially breach a restrictive covenant that states you should not modify the external appearance of the property without the permission of someone (e.g. a developer).

However, depending on size and when this was built - planning permission might not have been needed. Moreover,  if this is a simple glazed conservatory, separated from the house by the original external wall, then buildings regulation approval also might not have been needed.
 
If it's just a possible covenant breach that could be the issue - it's often very unlikely that anyone would take enforcement action to get a conservatory removed. So given that the costs of removal sound low it may not be worth getting insurance.

FlyMeSomewhere79

I don't know if this helps but I have a semi that was built in 1960 and at sone point a few decades back somebody extended the house by building a utility room on to the external wall so my cold shed is now a storage cupboard in my utility room and outside toilet is an inside toilet etc.

I am currently selling this property and the extension itself has never caused any issues but the laws on build overs if sewers are involved has changed since I bought it. The man hole covers are still fully accessible but are inside rather than outside so I have had to agree to pay for a £90 indemnity fory buyer.

I honestly don't think you need to worry about an extension that has been there for a very long time suddenly being instructed to be removed, it's more a concern if it's been built over the sewer access and if there's no alternative access to the sewers in your garden.

Emily_Joy

For some reason the word "illegal" makes me think about cannabis plants growing in a box room, not an extension with some bits of paperwork missing/not up to current regulations. I think you really need to be more specific as to detail - what exactly makes you think it is "illegal"?

Albermarle

Emily_Joy said:

For some reason the word "illegal" makes me think about cannabis plants growing in a box room, not an extension with some bits of paperwork missing/not up to current regulations. I think you really need to be more specific as to detail - what exactly makes you think it is "illegal"?

Yes I also had visons of something a bit darker, than the usual issues that crop up on here about paperwork missing etc

bobster2

Albermarle said:

Emily_Joy said:

For some reason the word "illegal" makes me think about cannabis plants growing in a box room, not an extension with some bits of paperwork missing/not up to current regulations. I think you really need to be more specific as to detail - what exactly makes you think it is "illegal"?

Yes I also had visons of something a bit darker, than the usual issues that crop up on here about paperwork missing etc

OP is a very cautious chap - as noted in previous threads. At one point they were considering employing 2 solictors for their purchase - with the 2nd solicitor reading and checking everything to make sure the 1st solicitor had done everything properly.

Albermarle

bobster2 said:

Albermarle said:

Emily_Joy said:

For some reason the word "illegal" makes me think about cannabis plants growing in a box room, not an extension with some bits of paperwork missing/not up to current regulations. I think you really need to be more specific as to detail - what exactly makes you think it is "illegal"?

Yes I also had visons of something a bit darker, than the usual issues that crop up on here about paperwork missing etc

OP is a very cautious chap - as noted in previous threads. At one point they were considering employing 2 solictors for their purchase - with the 2nd solicitor reading and checking everything to make sure the 1st solicitor had done everything properly.

That could delay a sale by months !

user1977

Luke451 said:

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?

Can you tell us exactly what advice your solicitor has given? Because I very much doubt it's "this is ok and I take responsibility".

Luke451

FlyMeSomewhere79 said:

I don't know if this helps but I have a semi that was built in 1960 and at sone point a few decades back somebody extended the house by building a utility room on to the external wall so my cold shed is now a storage cupboard in my utility room and outside toilet is an inside toilet etc.

I am currently selling this property and the extension itself has never caused any issues but the laws on build overs if sewers are involved has changed since I bought it. The man hole covers are still fully accessible but are inside rather than outside so I have had to agree to pay for a £90 indemnity fory buyer.

I honestly don't think you need to worry about an extension that has been there for a very long time suddenly being instructed to be removed, it's more a concern if it's been built over the sewer access and if there's no alternative access to the sewers in your garden.

I do have a public sewer running there, but the manholes are outside.

The only issue that could arise is if the pipe breaks, quite difficult but I'm afraid I'd need to remove the entire "construction", I guess just money on me, I don't think that the water company will blame me because it has been there since years...

It's like if you put a shed on it which can be easily removed.

Luke451

Emily_Joy said:

For some reason the word "illegal" makes me think about cannabis plants growing in a box room, not an extension with some bits of paperwork missing/not up to current regulations. I think you really need to be more specific as to detail - what exactly makes you think it is "illegal"?

As far as I know, any house extension and similar arrangments connected to the property need approvals, especially when there is plumbing involved and at least one electrical cable, even if just for the lights as it is in my case.

That will also be a problem with the house insurance, but let's leave it for now.