Building regs to close up a fireplace

AskAsk

We have been asked by the buyer if we have permission for the closed fireplaces. 

They were already closed when we bought the property in 2007 but as far as I understand you don't need planning permission to close a fireplace or building regs if you close it off completely and not remove the structural support?

EssexHebridean

"We were not responsible for the closing up of the fireplaces" would be my response I think. 

Albermarle

Or ' they were closed when we bought the property 17 years ago.'

Bigphil1474

Only time I've known you need permission is if it's a listed building. If it's just been covered over, you don't need permission, so respond as above.

eddddy

AskAsk said:

We have been asked by the buyer if we have permission for the closed fireplaces. 

Is this a question direct from your buyer (or via the estate agent)?
Or is it a pre-contract enquiry that has come via solicitors?


From your previous posts, it sounds like you have a flat. Is the buyer asking if the freeholder has given permission?

If so, the related question would be "Does the lease require you to get freeholder permission for this kind of alteration?"

But don't mention any of this to the freeholder at this stage - as that could invalidate potential indemnity insurance.

Also, when a chimney is closed off, it should be ventilated to prevent damp. So there might be a follow on question about ventilation (but that's usually following a survey).

AskAsk

eddddy said:

AskAsk said:

We have been asked by the buyer if we have permission for the closed fireplaces. 

Is this a question direct from your buyer (or via the estate agent)?
Or is it a pre-contract enquiry that has come via solicitors?


From your previous posts, it sounds like you have a flat. Is the buyer asking if the freeholder has given permission?

If so, the related question would be "Does the lease require you to get freeholder permission for this kind of alteration?"

But don't mention any of this to the freeholder at this stage - as that could invalidate potential indemnity insurance.

Also, when a chimney is closed off, it should be ventilated to prevent damp. So there might be a follow on question about ventilation (but that's usually following a survey).

this is a different property to the one that you are thinking of.  this is a freehold house and the chimney has not been capped, the fireplaces have been removed and filled in before we bought the house 17 years ago.

the questions come from the buyer following their homebuyer report via the estate agent, but i note that when it has subsequently been through their solicitor, the question has been dropped so I guess their solicitor did not think it was a valid question.  but generally, i was not aware that you need planning permission or building regs to close up a fire place.

EssexHebridean

Ask your solicitor to confirm to theirs that the fireplace(s) were already closed off when you bought the property - leave it at that. 

eddddy

AskAsk said:

the questions come from the buyer following their homebuyer report via the estate agent, but i note that when it has subsequently been through their solicitor, the question has been dropped so I guess their solicitor did not think it was a valid question.  but generally, i was not aware that you need planning permission or building regs to close up a fire place.

If the question comes via solicitors, your answer will form part of the contract - so you could potentially be sued if you give a misleading answer.

But if the question comes from the buyer/estate agent, your answer won't form part of the contract.

I'm not suggesting you should fib in that case, but you can be more informal, include opinions, and include unsubstantiated info - if you want.  For example "They were already closed up when we bought the house. I think they were probably closed up when the central heating was installed by the previous owners. We've never had a problem with them. We wondered about opening one up to have an open fire, but we never got around to it."

AskAsk

eddddy said:

AskAsk said:

the questions come from the buyer following their homebuyer report via the estate agent, but i note that when it has subsequently been through their solicitor, the question has been dropped so I guess their solicitor did not think it was a valid question.  but generally, i was not aware that you need planning permission or building regs to close up a fire place.

If the question comes via solicitors, your answer will form part of the contract - so you could potentially be sued if you give a misleading answer.

But if the question comes from the buyer/estate agent, your answer won't form part of the contract.

I'm not suggesting you should fib in that case, but you can be more informal, include opinions, and include unsubstantiated info - if you want.  For example "They were already closed up when we bought the house. I think they were probably closed up when the central heating was installed by the previous owners. We've never had a problem with them. We wondered about opening one up to have an open fire, but we never got around to it."

If the solicitors had asked, I would have said they were closed up before we had purchased the property and in any case, we are not aware that you need planning permission to close up a fire place, which I believe is a true statement.

you are more likely to have to ask for permission to open one up than to close one.