House

Ted31

FreeBear said:

Ted31 said:

Slinky said:

Most councils have more pressing issues to worry about than enforcing action against someone taking down a wall 20 years ago. If your surveyor is satisfied the work was done properly, buy it without a second thought. Don't even think about applying for retrospective permission, it's opening a can of worms that doesn't need touching.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems. Its just because the contract says under no circumstances do you alter anything including the outbuilding without consent which they have done and obviously removed walls downstairs to make it open plan.

Work done 20 years ago are well outside any time period for planning or building control enforcement.

But alterations needing consent under a covenant or freeholder (if a leasehold property) is a different matter - You would need to find out who "owns" the covenant or freehold and apply for retrospective consent from them. Unless it is an ex-council property, it wouldn't be the council you apply to.

In these cases, it may be cheaper and easier to take out an indemnity policy - Your solicitor should be able to advise & arrange a policy for you.

The property is freehold, but it was an ex council house so i required to get there permission for alterations. The vender has paid for an indemnity policy for me so am i best just leaving it and not informing the council?

mebu60

Ted31 said:

FreeBear said:

Ted31 said:

Slinky said:

Most councils have more pressing issues to worry about than enforcing action against someone taking down a wall 20 years ago. If your surveyor is satisfied the work was done properly, buy it without a second thought. Don't even think about applying for retrospective permission, it's opening a can of worms that doesn't need touching.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems. Its just because the contract says under no circumstances do you alter anything including the outbuilding without consent which they have done and obviously removed walls downstairs to make it open plan.

Work done 20 years ago are well outside any time period for planning or building control enforcement.

But alterations needing consent under a covenant or freeholder (if a leasehold property) is a different matter - You would need to find out who "owns" the covenant or freehold and apply for retrospective consent from them. Unless it is an ex-council property, it wouldn't be the council you apply to.

In these cases, it may be cheaper and easier to take out an indemnity policy - Your solicitor should be able to advise & arrange a policy for you.

The property is freehold, but it was an ex council house so i required to get there permission for alterations. The vender has paid for an indemnity policy for me so am i best just leaving it and not informing the council?

Yes. [10 chars]

Ted31

Albermarle said:

As others have said I would be more worried that the work was not done correctly ( such as removing a structural wall without adequate support) although if after 20 years , everything looks OK, then I would be reasonably relaxed about it.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems.

Many people would  have at least a Level 2 survey, especially as there have been remodelling of the property.

On a wider note, pretty much any house you may want to buy will have some issues.

I wasnt aware of this being an ex council house until 10 weeks into buying this house. I just dont want any blame to fall on me when it was done over 20 years ago thats my only issue. 

Section62

Ted31 said:

user1977 said:

Ted31 said:

user1977 said:

Why do you want anybody to apply for retrospective consent? Obviously the council don't really care about what was done 20+ years ago. It's more a question of whether you're satisfied that the work was done to a good enough standard.

The works are fine whats been carried out but because they is a legal contract in place to not alter anything without permission, its a little scary accepting liability for something i havent done personally.

You're paying your solicitor to give you advice, so you may wish to remind them that they're meant to be explaining the (very low) risks to you. Is this consent because of a covenant in the titles, rather than building regulations?

The works that i am wanting to carry out, ive rung the council and they have said i wont need permission but i can for my own peace of mind, but its just about previous works thats worrying.

What further works do you want to carry out?

Ted31

Section62 said:

Ted31 said:

user1977 said:

Ted31 said:

user1977 said:

Why do you want anybody to apply for retrospective consent? Obviously the council don't really care about what was done 20+ years ago. It's more a question of whether you're satisfied that the work was done to a good enough standard.

The works are fine whats been carried out but because they is a legal contract in place to not alter anything without permission, its a little scary accepting liability for something i havent done personally.

You're paying your solicitor to give you advice, so you may wish to remind them that they're meant to be explaining the (very low) risks to you. Is this consent because of a covenant in the titles, rather than building regulations?

The works that i am wanting to carry out, ive rung the council and they have said i wont need permission but i can for my own peace of mind, but its just about previous works thats worrying.

What further works do you want to carry out?

The outbuilding that is joined onto the house which they have put a toilet in there, i am wanting to separate that into 2 rooms so ill be insulating the walls with plaster board etc and putting a stood wall up inside it and then upstairs i am wanting to extend 1 of the bedrooms to make it bigger and take it off the bedroom at the side of it, so basically taking that small wall down and putting another 1 up. One of the bedrooms is tiny so if i extend it off the other bedroom it just makes it bigger. Council said something about if it doesnt need a lintel or its not a structural wall then its okay.

user1977

Ted31 said:

FreeBear said:

Ted31 said:

Slinky said:

Most councils have more pressing issues to worry about than enforcing action against someone taking down a wall 20 years ago. If your surveyor is satisfied the work was done properly, buy it without a second thought. Don't even think about applying for retrospective permission, it's opening a can of worms that doesn't need touching.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems. Its just because the contract says under no circumstances do you alter anything including the outbuilding without consent which they have done and obviously removed walls downstairs to make it open plan.

Work done 20 years ago are well outside any time period for planning or building control enforcement.

But alterations needing consent under a covenant or freeholder (if a leasehold property) is a different matter - You would need to find out who "owns" the covenant or freehold and apply for retrospective consent from them. Unless it is an ex-council property, it wouldn't be the council you apply to.

In these cases, it may be cheaper and easier to take out an indemnity policy - Your solicitor should be able to advise & arrange a policy for you.

The property is freehold, but it was an ex council house so i required to get there permission for alterations. The vender has paid for an indemnity policy for me so am i best just leaving it and not informing the council?

Yes, the whole point of an indemnity policy is that you don’t contact the council (because that will invalidate the policy). Again, your solicitor should be explaining this to you.

Section62

user1977 said:

Ted31 said:

FreeBear said:

Ted31 said:

Slinky said:

Most councils have more pressing issues to worry about than enforcing action against someone taking down a wall 20 years ago. If your surveyor is satisfied the work was done properly, buy it without a second thought. Don't even think about applying for retrospective permission, it's opening a can of worms that doesn't need touching.

I haven't had a surveyor come out as the property is 55 years old so was advise they probs wouldnt be major problems. Its just because the contract says under no circumstances do you alter anything including the outbuilding without consent which they have done and obviously removed walls downstairs to make it open plan.

Work done 20 years ago are well outside any time period for planning or building control enforcement.

But alterations needing consent under a covenant or freeholder (if a leasehold property) is a different matter - You would need to find out who "owns" the covenant or freehold and apply for retrospective consent from them. Unless it is an ex-council property, it wouldn't be the council you apply to.

In these cases, it may be cheaper and easier to take out an indemnity policy - Your solicitor should be able to advise & arrange a policy for you.

The property is freehold, but it was an ex council house so i required to get there permission for alterations. The vender has paid for an indemnity policy for me so am i best just leaving it and not informing the council?

Yes, the whole point of an indemnity policy is that you don’t contact the council (because that will invalidate the policy). Again, your solicitor should be explaining this to you.

Might be too late for that, depending on which council department the OP called....

"The works that i am wanting to carry out, ive rung the council and they have said i wont need permission but i can for my own peace of mind, but its just about previous works thats worrying."

Section62

Ted31 said:

Section62 said:

Ted31 said:

user1977 said:

Ted31 said:

user1977 said:

Why do you want anybody to apply for retrospective consent? Obviously the council don't really care about what was done 20+ years ago. It's more a question of whether you're satisfied that the work was done to a good enough standard.

The works are fine whats been carried out but because they is a legal contract in place to not alter anything without permission, its a little scary accepting liability for something i havent done personally.

You're paying your solicitor to give you advice, so you may wish to remind them that they're meant to be explaining the (very low) risks to you. Is this consent because of a covenant in the titles, rather than building regulations?

The works that i am wanting to carry out, ive rung the council and they have said i wont need permission but i can for my own peace of mind, but its just about previous works thats worrying.

What further works do you want to carry out?

The outbuilding that is joined onto the house which they have put a toilet in there, i am wanting to separate that into 2 rooms so ill be insulating the walls with plaster board etc and putting a stood wall up inside it and then upstairs i am wanting to extend 1 of the bedrooms to make it bigger and take it off the bedroom at the side of it, so basically taking that small wall down and putting another 1 up. One of the bedrooms is tiny so if i extend it off the other bedroom it just makes it bigger. Council said something about if it doesnt need a lintel or its not a structural wall then its okay.

That sounds like building control, which is a different department to planning, and also not the same as the department with responsibility for the covenant which is probably housing or legal.

Building regs requirements are a bit more complicated than lintels and structural walls.  You'll also need to get advice (e.g. from a structural engineer) whether the wall is structural or not.

Can you clarify for us which council departments you've already contacted.

Tabieth

I’d absolutely be getting a survey on a 55-year old house where internal walls have been removed. For a few hundred pounds it will either provide reassurance or tell you to walk away quickly. 

Slinky

Tabieth said:

I’d absolutely be getting a survey on a 55-year old house where internal walls have been removed. For a few hundred pounds it will either provide reassurance or tell you to walk away quickly. 

Absolutely this. I don't know who gave you advice that a 55 year old property won't have problems, but it's poor advice.