Buying house with indemnity clause (garage converted without planning permission)

lincroft1710

If they didn't apply for PP, I'd doubt the owners would have applied for building regs approval 

DragonRider83

Update-wise, it seems that the indemnity is not only for the planning permission, but for the thing as a whole, including its safety and compliance with building regs. There is no building regulations completion certificate. That's a hell of a red flag!

Our current plan is to get back to the vendors and say that we love the house and would like to make the offer, BUT before we do that, we would need them to provide evidence, via a survey or some other appropriate professional, that it is structurally safe and compliant with the regs. We would be willing to take on the very small risk that the council could retrospectively refuse planning permission, but we would NOT be willing to risk taking on a property that could potentially be dangerous, e.g. if the electrics haven't been officially signed off - and likely nor would anyone else, because we couldn't even get insurance if that was the case.

Our thinking is that it would be a shame to miss out on a property we really like which might be absolutely fine - we just don't know because they've evidently tried to keep the extension 'unofficial' and not tell anyone who might report them to the council. It does call into question whether stuff like their own home insurance is valid if they haven't told anyone about the work, but obviously that's not our problem.

Thanks for all the replies, they have helped!

housebuyer143

DragonRider83 said:

Update-wise, it seems that the indemnity is not only for the planning permission, but for the thing as a whole, including its safety and compliance with building regs. There is no building regulations completion certificate. That's a hell of a red flag!

Our current plan is to get back to the vendors and say that we love the house and would like to make the offer, BUT before we do that, we would need them to provide evidence, via a survey or some other appropriate professional, that it is structurally safe and compliant with the regs. We would be willing to take on the very small risk that the council could retrospectively refuse planning permission, but we would NOT be willing to risk taking on a property that could potentially be dangerous, e.g. if the electrics haven't been officially signed off - and likely nor would anyone else, because we couldn't even get insurance if that was the case.

Our thinking is that it would be a shame to miss out on a property we really like which might be absolutely fine - we just don't know because they've evidently tried to keep the extension 'unofficial' and not tell anyone who might report them to the council. It does call into question whether stuff like their own home insurance is valid if they haven't told anyone about the work, but obviously that's not our problem.

Thanks for all the replies, they have helped!

Just to say, having a non compliment garage conversion will not stop you getting insurance or void it. You only need to declare to the insurers things that they ask and if they don't they can't refuse a claim. They are not going to ask you if your garage conversion is signed off.
Obviously they are not paying out for dodgy workmanship, but if it burnt down for whatever reason they won't be asking you for building regs sign off. 

Herzlos

If they only did it 2 years ago, do they have any paperwork for the work at all, like quotes from the builders? Did they get a reputable company in to do it or is it DIY?

I'm very suspicious about the idea that the garage door was left to keep an aesthetic on a house that old - it means there's no proper window and you lose a bit of space because you'd need to brick up behind the door. I also can't imagine a room is more appealing to burglars than a garage.

I suspect that the main reason people leave the door on is to pretend it's still a garage to avoid any compliance inspections/paperwork.

Assuming you're in England and it's going to take months anyway, you could always insist that they start the retrospective applications process now and hope it's concluded before you actually move.

EssexHebridean

If you are intending to buy, just be aware that you should absolutely not contact the council as that will invalidate any indemnity policy that is obtained. In fact, even if you’re not planning to buy it wouldn’t be a great idea if only because it will draw their attention to it, which might not be too fair to the sellers! 

user1977

DragonRider83 said:

Update-wise, it seems that the indemnity is not only for the planning permission, but for the thing as a whole, including its safety and compliance with building regs. There is no building regulations completion certificate. That's a hell of a red flag!

Our current plan is to get back to the vendors and say that we love the house and would like to make the offer, BUT before we do that, we would need them to provide evidence, via a survey or some other appropriate professional, that it is structurally safe and compliant with the regs. We would be willing to take on the very small risk that the council could retrospectively refuse planning permission, but we would NOT be willing to risk taking on a property that could potentially be dangerous, e.g. if the electrics haven't been officially signed off - and likely nor would anyone else, because we couldn't even get insurance if that was the case.

Who or what is informing your decision-making here? As already pointed out, you're wrong about the insurance for starters.

Noneforit999

PP is one thing, building regulations is another.

Its an internal garage and assuming its wasn't added later on (i.e. its part of the original footprint of the house) then is likely done under PD. The only caveat to that is if its a new build as most of those have PD rights removed so PP is required to convert garages.

Even if they didn't get building regs, the electric would almost certainly have needed to be done by an electrician and signed off. I suppose there is a chance they could have just extended the downstairs circuit DIY style into the garage but if its on a new circuit then it should not have been done DIY.

Why you would go to the expense of having a garage conversion fully completed to say the £800 off BR checks seems bizarre. 

The vendor was likely told it fell under PD rights and it probably does but I would want to be sure it was done to a suitable standard, especially if its recent.