Selling mum’s home - how to deal with lack of paperwork, regulations or planning

ss2020jd

Just resurrecting this thread as I’ve just accepted an offer £10k below asking from FTBs. I took the helpful advice on here and mentioned I wasn’t sure if it had building regs to EA when he did the valuation who said it shouldn’t be a problem, it’s so long ago anyway but mentioned indemnity insurance if it comes to it. Also the same when I told the solicitor in advance of completing the TA6. If it gets the sale through I would be willing to pay this but I am aware the FTB might worry about this fact and may not be happy with it.

I know not to alert the LA Building control to the fact just in case but I have seen on their website that they can search building regs records relating to a property for a fee. Now I’m not sure if doing such a search would constitute alerting them. It would just be a general search of an address. I’ll also check with the solicitor on Monday but just wondered if anyone has done this before or thoughts on doing this. Wondering also if it’s something done as part of the searches by the buyer’s solicitor. 

It would be so much easier if there were building regs there and although my mum can’t recall much she seems convinced it was ‘done properly’, whatever that may mean! 

user1977

Which council is it? Isn't there a free search option on their website? Might be limited in how far back it goes or what information it throws up (and the chargeable option is more thorough), but normally it will at least reveal any applications in recent years. The buyers' local search will include something along those lines anyway.

ss2020jd

user1977 said:

Which council is it? Isn't there a free search option on their website? Might be limited in how far back it goes or what information it throws up (and the chargeable option is more thorough), but normally it will at least reveal any applications in recent years. The buyers' local search will include something along those lines anyway.

It says they charge £55+Vat for a search. No free option as far as I can see just that building regs records are classified as public documents and can be made available for public access. Then the charges. It goes back to 1990.
I’m hoping their search will cover this as part of the LA searches, as you mention. 

Doozergirl

ss2020jd said:

Just resurrecting this thread as I’ve just accepted an offer £10k below asking from FTBs. I took the helpful advice on here and mentioned I wasn’t sure if it had building regs to EA when he did the valuation who said it shouldn’t be a problem, it’s so long ago anyway but mentioned indemnity insurance if it comes to it. Also the same when I told the solicitor in advance of completing the TA6. If it gets the sale through I would be willing to pay this but I am aware the FTB might worry about this fact and may not be happy with it.

I know not to alert the LA Building control to the fact just in case but I have seen on their website that they can search building regs records relating to a property for a fee. Now I’m not sure if doing such a search would constitute alerting them. It would just be a general search of an address. I’ll also check with the solicitor on Monday but just wondered if anyone has done this before or thoughts on doing this. Wondering also if it’s something done as part of the searches by the buyer’s solicitor. 

It would be so much easier if there were building regs there and although my mum can’t recall much she seems convinced it was ‘done properly’, whatever that may mean! 

Most conservatories don't need planning permission or building control approval. 

If it's a modest conservatory and there are doors in place, as you indicated back at the beginning, then there was no need to obtain either. 

The planning portal has homeowner guides where you can establish whether either applies in your case. You don't need to take my word for it.  

I wouldn't be buying indemnity policies for something that was never needed in the first place.  Do your homework on the planning portal and then stand your ground.  

ss2020jd

Thanks @Doozergirl I have been back through the regs at roughly that time (2009) which seem to say ‘Conservatories are exempt from the BRegs if under 30m2 in floor area and external quality doors are put between house and conservatory’. There are no doors, just an archway into the dining area part of the kitchen so open to kitchen although double doors from kitchen to rest of the house. 

Doozergirl

ss2020jd said:

Thanks @Doozergirl I have been back through the regs at roughly that time (2009) which seem to say ‘Conservatories are exempt from the BRegs if under 30m2 in floor area and external quality doors are put between house and conservatory’. There are no doors, just an archway into the dining area part of the kitchen so open to kitchen although double doors from kitchen to rest of the house. 

Ah, okay.  I thought you meant there weren't.  I'd have advised putting doors back on! 

There's much more concentration on energy efficiency these days.  Conservatories are barely insulated at all, which is why that rule exists.  

ss2020jd

Doozergirl said:

ss2020jd said:

Thanks @Doozergirl I have been back through the regs at roughly that time (2009) which seem to say ‘Conservatories are exempt from the BRegs if under 30m2 in floor area and external quality doors are put between house and conservatory’. There are no doors, just an archway into the dining area part of the kitchen so open to kitchen although double doors from kitchen to rest of the house. 

Ah, okay.  I thought you meant there weren't.  I'd have advised putting doors back on! 

There's much more concentration on energy efficiency these days.  Conservatories are barely insulated at all, which is why that rule exists.  

Yes I thought that. It is more like a small 6ft x 6ft extension with a solid wall on one side to next door and low walls on the other two sides with large double glazed windows above each wall and then double glazed windows along the top. It has heating and is very warm so seems well insulated. The door to the garden is from the kitchen, there is no external or internal door in the extension/conservatory. My stepdad was a retired quantity surveyor and dealt with building  regs all his life so I’d be surprised if it wasn’t done properly but currently I just don’t have the paper trail to prove it.