PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Retrospective Building Regulations vs Indemnity Insurance

Braboor
Braboor Posts: 32 Forumite
edited 11 June 2017 at 7:35AM in House buying, renting & selling
I have recently discovered that the seller of a property I am currently in the process of buying, completed an extension without applying for Building Control Approval. I had a full Building Survey carried out & my surveyor noted that the new roof ventilation was not conforming to regulations, although everything else seemed in order.

The seller has delayed negotiations by withholding the Memorandum of Sale for 7 weeks, after accepting my offer. My own buyers are keen for me to move & have a Completion Date. I need to move fast but am not happy with a quick fix Indemnity Insurance as issues have already been identified. Is it possible to fast-track retrospective Building Regulations Approval & where would I find out about cost?
«13

Comments

  • lwhiteman88
    lwhiteman88 Posts: 106 Forumite
    Firstly was the extension completed after 1985 if not then the Regularisation route is not possible.

    The only real way to 'fast track' a Regularisation Certificate would be to go with an Approved Inspector instead of the local authority. This could allow you to speak with the company before hand to get a better idea of timescales etc. The local authority will just give you their standard time frames.

    However this could be an expensive solution. When building an extension there are a number of things which are regulated of which are hidden from view i.e. foundation depths, insulation thickness etc. Therefore to obtain the certificate it could require quite extensive investigations. Trial pits, opening the wall cavity, opening up the ceiling etc.

    Were any engineers drawings or building regulations drawings completed for the extension (albeit not submitted)? This may help a bit.

    If you are looking for a quick solution I would avoid the regularisation route. However for a piece of mind it and to get an idea of any other potential issues it could be useful.
  • Davesnave
    Davesnave Posts: 34,741
    Name Dropper First Anniversary Photogenic First Post
    Forumite
    When building an extension there are a number of things which are regulated of which are hidden from view i.e. foundation depths, insulation thickness etc. Therefore to obtain the certificate it could require quite extensive investigations. Trial pits, opening the wall cavity, opening up the ceiling etc.....
    .... which the current owner will probably resist, unless or until they believe such investigation is inevitable.

    They may, instead, decide to attempt a sale to someone else.

    Is there a mortgage involved? If one is, your solicitor is bound to inform the lender.
  • AnotherJoe
    AnotherJoe Posts: 19,622
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    Braboor wrote: »
    I have recently discovered that the seller of a property I am currently in the process of buying, completed an extension without applying for Building Control Approval. I had a full Building Survey carried out & my surveyor noted that the new roof ventilation was not conforming to regulations, although everything else seemed in order.

    The seller has delayed negotiations by withholding the Memorandum of Sale for 7 weeks, after accepting my offer. My own buyers are keen for me to move & have a Completion Date. I need to move fast but am not happy with a quick fix Indemnity Insurance as issues have already been identified. Is it possible to fast-track retrospective Building Regulations Approval & where would I find out about cost?

    That doesn't necessarily mean it was built badly. Regulations change all the time, that doesnt mean that older houses have to be altered to comply.

    Pragmatically, the issue for you is more the question of will lack of consents give you a future resale issue, rather than is it unsafe.
  • Braboor
    Braboor Posts: 32 Forumite
    edited 11 June 2017 at 9:54AM
    I'll try & answer all questions in one post.

    The extension work was to add a first floor bedroom & roof over an existing ground floor kitchen, so the foundations already existed. Completed July 2013. Drawing situation unknown (I have only seen Planning Application drawings) but I have requested all drawings to be handed over on Completion.

    There is no mortgage, this is a 'cash from proceeds' purchase. My surveyor only spotted one issue, to do with ventilation at the roof eaves. I read that indemnity insurance will only cover losses and expenses arising out of enforcement action, not any loss arising because of a defect in the work.

    The roof space is currently cold ...I would like to alter that to a hot space & use it for storage as the floors are already boarded.
  • lwhiteman88
    lwhiteman88 Posts: 106 Forumite
    Already having foundations for a single storey kitchen extension does not mean that they are adequate to support an additional floor and roof.

    The ventilation of the roof eaves could be an easy fix but could be a suggestion that there are other hidden mistakes because any knowledgeable builder would know to ventilate the eaves. (and notify building control during the works!).

    If it was me I would call an approved inspector and ask what exactly they would need to inspect and how quickly they could complete the certificate. As I say they are normally quite prompt and helpful. You will need this to avoid issues for resale so doing it before completion might not be a bad idea.
  • G_M
    G_M Posts: 51,977
    Name Dropper First Anniversary Combo Breaker First Post
    Forumite
    Braboor wrote: »
    The extension work was to add a first floor bedroom & roof over an existing ground floor kitchen, so the foundations already existed. .
    :rotfl::rotfl::rotfl:

    Yes. Foundations to support a single storey. Were they strengthened/deepened to support double the weight......?

    Indemnity Insurance will cover your financial costs in the (highly) unlikely event that the local authority come along, take a look, and demand that you either rebuild the extension or make changes (eg deepen the foundations!).

    Indemnity Insurance will NOT cover the cost if the extension starts to subside/collapse, or some other problem arises as a result of short-cuts or shoddy work.

    Retro BRs, will ensure the work was done to the right standard. It may conclude it was not, in which case the owner may have expensive rebuild/re-work to do! It will in any case involve disruptive and damaging investigations (eg digging to inspect the foundations.)
  • Chanes
    Chanes Posts: 882
    First Anniversary First Post Combo Breaker
    Forumite
    I think the phrase for this is 'can of worms'...In your place, I would want certainty the foundations were capable and correct for the structure and work from that point.
  • Braboor
    Braboor Posts: 32 Forumite
    I don't know if it makes any difference but the existing walls were the solid rubble type (circa 1850) 500mm thick.
  • sparky130a
    sparky130a Posts: 660 Forumite
    Braboor wrote: »
    I don't know if it makes any difference but the existing walls were the solid rubble type (circa 1850) 500mm thick.

    It's not the walls that count.

    It's what they are built on.

    You need to find out about the foundations.

    Personally i'd already be up the road ( running) to look at other properties...
  • Braboor
    Braboor Posts: 32 Forumite
    Personally i'd already be up the road ( running) to look at other properties...

    Ha ...the property I really wanted (just up the road) sold last year! Ironically, whilst I was waiting to view this one ...a neighbour told me he was putting his on the market (but it didn't have the same view ...which I love).

    I think I need to look at rental as time is running out for me & this purchase looks doomed :(
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards