Building Regs/No Planning On extension..

tek-monkey

Thanks for that Jules, does seem to be the same. I suspect this insurance firm know that its impossible to take action, so the policy would be a token gesture to please the lender - a pointless bit of paper. Don't care though, as long as it works!

jules1213

Millie - I will let you know. I suspect that we will be req'd to take out Indemity insurance ,as Tek says to please the the lender. But to be fair if we can get it and that is all that is req'd I will be happy - it is pretty cheap in the overall cost of moving and we may be able to get the vendor to pay for it!

The thing is - we have had structural work done to our house - again years ago - but there is an RSJ. Yet, we are not being asked to provide a building cert for that. We are being asked to provide the benchamark log book for the gas boiler which was fitted in 2003 (which I don't think is necessary because it was pre 2005). However, our solicitor has not asked for the same log book from the people we are buying from - even though their boiler was fitted at the same time as our in about 2003!

The whole system seems flawed and hit and miss to me. I may in fact write to my MP to highlight the issues - if I ever get through process successfully without suffering from some stress induced illness in the meantime!

Jules

jules1213

Tek - absolutely!:rolleyes:

jules1213

LOL! What a larf!!!!!!!!!!!!!!!
We now have been told that there is potentially chancel charges on the property! Taking out the insurance is cheaper and quicker than doing the full search!

Time to buy insurance company shares me thinks!

This is getting ridiculous!

Have things changes so much in the last 8 years when I last bought and sold?????????

I would laugh if I did not have such alot of money to lose!

Milliewilly

I had to buy Chancel indemnity too - or rather I got the sellers to pay for it. Make sure you get the successor policy that passes on with the property.

jules1213

Millie - I hope they will agree to pay for it - and yes the successor one for the £40 difference, However after this experience I don't think I ever want to seel or buy again! God knows how much red tape there will be in another 10 or 20 years!

Jules

chocolately

Sorry to be butting in - can't find how to post a hew thread!! Still thats not important at the moment!! HELP

Should I be panicking? 8 weeks now into purchasing my first house and definately afew bumps! Firstly finding out that the property was listed as freehold and leasehold (Moat Housing Association) - somehow my vendor is buying and selling at the same time? My solicitors have called this 'staircasing' I am unsure of this term.
What could be the deal breaker however is a change of window to door and post/rope ballustrade around the rear bathroom extension flat roof which has been decked. Beautiful as it is I have recently found out that planning permission in 2007 was denied but it appears they went ahead. My solicitors have told me the vendor is happy to take out an indemnity policy - would this be advisable?
I am now waiting for a report from the enforcement officer. Basically I would like to know if this is worth going ahead. My vendor told me that the decked area ontop of the roof did not require planning permission as it is not a permanent structure - surely changing a window to a door is?
Sorry to go on - how will an indemnity policy help me in this case if i decide to go ahead?

Swishy_bell

Hi our sols have just come up with a similar problem. There is no extension to the property and any work done is at least 15 years old. Think they are querying the removal of some of a wall by the stairs to make the stairs open plan and the addition of a dormer window to the attic room.

We haven't had a structural servey but have had an architect (father in law) look at the property. He drew our attention to the stair wall saying they had put in an rsj but not the whole length of the wall. He said this was fine though would probably not meet regs now.

Bearing in mind we were planning to change this wall anyway as the open plan is dangerous for us with young kids this doesn't bother us. Is our best plan to just get the indemnity insurance and not bother trying to contact the council etc?

planning_officer

chocolately wrote: »

What could be the deal breaker however is a change of window to door and post/rope ballustrade around the rear bathroom extension flat roof which has been decked. Beautiful as it is I have recently found out that planning permission in 2007 was denied but it appears they went ahead. My solicitors have told me the vendor is happy to take out an indemnity policy - would this be advisable?
I am now waiting for a report from the enforcement officer. Basically I would like to know if this is worth going ahead. My vendor told me that the decked area ontop of the roof did not require planning permission as it is not a permanent structure - surely changing a window to a door is?
Sorry to go on - how will an indemnity policy help me in this case if i decide to go ahead?

First things first, your vendor is entirely incorrect - this is not a 'temporary structure' (planning legislation does not recognise that term by the way, despite people claiming things like decking, sheds and conservatories are temporary - they are not!!). An alteration to a roof (no doubt raising the roof slightly by the laying of decking) is development, for which planning permission may be required (if it does not benefit from permitted development rights). Changing a window to a door is not normally considered 'development', therefore may not need permission, although different authorities interpret this in various ways. It may have need permission if a condition on a previous planning permission restricted the insertion of any new openings, although that's perhaps unlikely if it's on the rear elevation.

What exactly was planning permission refused for in 2007? If it was purely for the decking and ballustrade then it obviously needs planning permission, and if they have undertaken works unlawfully, it will run with the land - so you will be responsible for removing it if you buy the house and the Council find out.

When you say you are waiting a report from the enforcement officer, do you mean a Council Planning Enforcement Officer? If so, you won't be able toget an indemnity policy against something the Council are already aware of.

spikeu

hello all, im in the process of buying a house with a 20yr old extension and no planning. i am not willing to pay for an indemnity ins as i think as smoeone said its a worthless piece of paper but i do have some concerns as to what effect it could have on any building ins claim. any advice very welcome. thank you.