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

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13

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  • Luke451
    Luke451 Posts: 188 Forumite
    100 Posts Name Dropper
    edited 7 January 2024 at 1:54PM
    user1977 said:
    Luke451 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".

    He just said it's ok :D , but it's not possible...
    He didn't say he'd take responsability, but is this how it works if he made a mistake? If so, then I'll sleep almost without thoughts, at least from the legal point of view, but I still think that regarding the removal, any money to be pulled out will be on me.
  • Emily_Joy
    Emily_Joy Posts: 1,490 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Luke451 said:
    user1977 said:
    Luke451 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".

    He just said it's ok :D , but it's not possible...
    He didn't say he'd take responsability, but is this how it works if he made a mistake? If so, then I'll sleep almost without thoughts, at least from the legal point of view, but I still think that regarding the removal, any money to be pulled out will be on me.

    Are we back to the sewer issue in your previous thread? The title deeds should contain permission to build over it from the water company.
  • Luke451 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.
    If you are buying the property, your seller will need to do what we did and get an indemnity policy for you - that said if your solicitor hasn't raised it with their solicitor then you must be in the clear on it.
  • Luke451
    Luke451 Posts: 188 Forumite
    100 Posts Name Dropper
    Emily_Joy said:
    Luke451 said:
    user1977 said:
    Luke451 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".

    He just said it's ok :D , but it's not possible...
    He didn't say he'd take responsability, but is this how it works if he made a mistake? If so, then I'll sleep almost without thoughts, at least from the legal point of view, but I still think that regarding the removal, any money to be pulled out will be on me.

    Are we back to the sewer issue in your previous thread? The title deeds should contain permission to build over it from the water company.

    No, this is different a different question, despite there is a sewer anyway.
    The title deed doesn't contain such thing, I don't even think that the water company is aware of it.

    From the sewer perspective, such thing can't be there, especially if there is plumbing and electricity around, if it was a dead box, fine, my expense to remove it but the water company wouldn't have raised it legally as long as I pay for it.
  • Emily_Joy
    Emily_Joy Posts: 1,490 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 7 January 2024 at 7:44PM
    Luke451 said:
    Emily_Joy said:
    Luke451 said:
    user1977 said:
    Luke451 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".

    He just said it's ok :D , but it's not possible...
    He didn't say he'd take responsability, but is this how it works if he made a mistake? If so, then I'll sleep almost without thoughts, at least from the legal point of view, but I still think that regarding the removal, any money to be pulled out will be on me.

    Are we back to the sewer issue in your previous thread? The title deeds should contain permission to build over it from the water company.

    No, this is different a different question, despite there is a sewer anyway.
    The title deed doesn't contain such thing, I don't even think that the water company is aware of it.

    From the sewer perspective, such thing can't be there, especially if there is plumbing and electricity around, if it was a dead box, fine, my expense to remove it but the water company wouldn't have raised it legally as long as I pay for it.

    I still believe you need to be more specific to get a sensible advise. It is a capital mistake to theorize before one has data. (c)
  • Emily_Joy
    Emily_Joy Posts: 1,490 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    bobster2 said:
    Maybe they have grown up in a different culture. When I visited Northern China, I discovered, to my surprise, that most hotel rooms don't have wardrobes. In Europe it is pretty common to have washing machines in bathrooms, while in the UK it is apparently not allowed to have a power outlet in a bathroom. :)

  • FreeBear
    FreeBear Posts: 18,134 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 January 2024 at 11:36AM
    Doozergirl said: As it is, nothing you are talking about is 'illegal' and the indemnity policy that I suspect you are talking about is to protect you should enforcement action take place.  Nothing else.  It's to keep your lender happy, more than anything.
    And just because something is in breach of rules/regulations/covenants, it doesn't make it "illegal"
    Something being illegal implies a criminal act - Planning & building regulation contraventions are generally breaches of civil law (unless it is a listed building or national monument).

    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • Luke451
    Luke451 Posts: 188 Forumite
    100 Posts Name Dropper
    Luke451 said:
    Emily_Joy said:
    Luke451 said:
    user1977 said:
    Luke451 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".

    He just said it's ok :D , but it's not possible...
    He didn't say he'd take responsability, but is this how it works if he made a mistake? If so, then I'll sleep almost without thoughts, at least from the legal point of view, but I still think that regarding the removal, any money to be pulled out will be on me.

    Are we back to the sewer issue in your previous thread? The title deeds should contain permission to build over it from the water company.

    No, this is different a different question, despite there is a sewer anyway.
    The title deed doesn't contain such thing, I don't even think that the water company is aware of it.

    From the sewer perspective, such thing can't be there, especially if there is plumbing and electricity around, if it was a dead box, fine, my expense to remove it but the water company wouldn't have raised it legally as long as I pay for it.
    There are a lot of people here who know what they're talking about.  It's pretty easy to post the details and not give anything personal
    away, so you need to do that. 

    We can guess what you are talking about but I'm not sure that we should need to. 

    All I'm picking up from what you have said is that you don't have the first clue what you are talking about. 

    If you can tell us what you do know then we can tell you what we know too. 

    As it is, nothing you are talking about is 'illegal' and the indemnity policy that I suspect you are talking about is to protect you should enforcement action take place.  Nothing else.  It's to keep your lender happy, more than anything.  

    Other than that I have to refer you back to the 'may or may not post'. 



    I believe I disclosed a lot in the following posts, probably you didn't read all of them, but it's fine.
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