Building regs for conservatory.

Mr_Black

Good evening. 

My partner is selling her house so we can move in together. Her house has a conservatory with no doors. It has no radiator either. The conservatory was built in 2011 by the previous owner.

Fast forward to present day and her prospective buyers are asking if it comes with building regs. The answer to that is no as I see in the Law Society Property Information Form that the previous owner provided (signed off by their solicitor) states: "conservatory built 2011 with no regs due to size (under 30sq M)". Now I already know that isn't a true statement for present day because it has no doors and no separate heating system.

My questions are:

1. if was exempt building regs in 2011 (whatever they were), does that exemption remain extant (or is it just most likely that the seller was stating half truths)?

2. Is there a period of time that a structure can be in place before it can become a non-factor and discounted from any sort of planning considerations? 

3. Realistically, what impact or factor might this matter have on the sale? I said to my partner that the conservatory hasn't been an issue these last 13 years. It isn't like she's going to sell the place then the council come knocking asking the new owners to sort matters out or knock it down, right? In fact, wouldn't seeking regs now be potentially shooting themselves in the foot? The dwelling is fine as is. 

Thank you for any advice. 

user1977

New building regs aren't applied retrospectively to existing properties (otherwise those of us in Victorian properties have got a whole load of problems!).

13 years is pretty historic and I wouldn't advise your partner to get worried about it. Is anybody suggesting she ought to be worried?

FreeBear

The easiest way to negate any awkward questions is to get an exterior grade door fitted (and get a FENSA certificate). It might cost £1K, but should make it a bit easier to sell.

powerspowers

provide the same answer as the previous owner, I can’t see it being an issue. 

Mr.Generous

If the conservatory has no doors then how do you get in it? Is it open into the house?

emjay2kay

There's a fairly short period of time where any enforcement for non-compliance with building regulations can be taken, and you're well passed that. I wouldn't worry about it, and wouldn't be fussed about adding doors etc to try and retrospectively make it compliant.

mexican_dave

Mr.Generous said:

If the conservatory has no doors then how do you get in it? Is it open into the house?

The location of doors is significant, but doubt it's enough to prevent a sale. You have told us the conservatory is unheated, that's a good start. For me I want to know if it opens to the house, without any door to stop heat passing unhindered from the house into the conservatory - wasting heat and thereby effecting the EPC. If so you might want to fit a door, as suggested by others. With the passage of time, much corrective work becomes voluntary, just depends on feedback from viewings, the EPC etc. your choice.

Section62

powerspowers said:

provide the same answer as the previous owner, I can’t see it being an issue. 

The main issue would be that it wasn't true then, and isn't true now.

The best thing to do is to ask the partner's solicitor for advice on how to answer the question truthfully, given the circumstances.

stuart45

Mr_Black said:

Good evening. 

My partner is selling her house so we can move in together. Her house has a conservatory with no doors. It has no radiator either. The conservatory was built in 2011 by the previous owner.

Fast forward to present day and her prospective buyers are asking if it comes with building regs. The answer to that is no as I see in the Law Society Property Information Form that the previous owner provided (signed off by their solicitor) states: "conservatory built 2011 with no regs due to size (under 30sq M)". Now I already know that isn't a true statement for present day because it has no doors and no separate heating system.

My questions are:

1. if was exempt building regs in 2011 (whatever they were), does that exemption remain extant (or is it just most likely that the seller was stating half truths)?

2. Is there a period of time that a structure can be in place before it can become a non-factor and discounted from any sort of planning considerations? 

3. Realistically, what impact or factor might this matter have on the sale? I said to my partner that the conservatory hasn't been an issue these last 13 years. It isn't like she's going to sell the place then the council come knocking asking the new owners to sort matters out or knock it down, right? In fact, wouldn't seeking regs now be potentially shooting themselves in the foot? The dwelling is fine as is. 

Thank you for any advice. 

Question1
The regs back then were the same regarding the need for an external grade door between the conservatory and the house. Without this it is classed as an extension needing regs.
2
There's a time limit for the council to give an enforcement notice without an order from the high court. No time limit with one.
3
The impact on the sale depends on the buyers. There's a number of options. 

housebuyer143

You will likely end up buying an indemnity policy tbh. I believe building regs were the same in 2011 as they are now, because I bought a house with a conservatory with heating and it needed building regs and I remember reading about it needing an external grade door when it was built in 2009.  Your sellers, like my sellers just said it was a permitted development when that probably was not correct and it did need building regs.
Just be honest, buy the policy and it will likely be fine.

markin

It will badly effect the EPC, and heating bills, if you mean the is no external doors to keep the heat in, And you need a EPC to sell don't you?


Building regs always apply when building, Its the planning that they didn't need as it was under permitted development.