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Pre-1985 modification without building control approval

NickB2017
NickB2017 Posts: 8 Forumite
edited 15 November 2018 at 8:07PM in House buying, renting & selling
test test test
«1

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Absolutely nobody ought to be interested in looking for paperwork for things done in the 50s or 60s, and even work done in the 80s is generally going to be regarded as ancient history. The council would be struggling to find someone who can even remember what the relevant regulations were back then. If your surveyor thinks it's structurally sound (which it presumably is if it's stayed up for decades...) then I would just carry on.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 2 November 2018 at 8:39PM
    NickB2017 wrote: »
    ..... estimate is 1950s-1960s. There is no evidence of building regs approval ....
    .......My solicitor is currently waiting to see if the mortgage lender is willing to proceed without indemnity insurance.

    I am trying to understand the risk of enforcement by the local authority in this specific situation.
    Zero

    From what I understand Section 36(1) of Building Act 1984 [requiring owner to pull down the works or adapt them] is not an issue as the work was completed more than 12 months ago.
    correct

    However I am unsure if Section 36(6) of Building Act 1984 [application of an injunction] could still be an issue. Oldham's local authority website [not the local authority in my case] states that 'Local Authority Building Control has no authority in work completed before this date'.
    an injunction would never be applied for, and certainly not awarded by a court, unless there was a significant proven danger to life.

    .....therefore the indemnity insurance would not be protecting against any risk?
    Correct

    If Section 36(6) can still be applied then is there any view on what the mortgage lender may request in lieu of the aforementioned indemnity insurance to be comfortable to lend?
    Mortgage lenders can be sticklers for pointless !!!-covering. if they demand insurance, just pay the pointless £100 and get the insurance.
    or as david said:
    If your surveyor thinks it's structurally sound (which it presumably is if it's stayed up for decades...) then I would just carry on.
  • AlexMac
    AlexMac Posts: 2,983 Forumite
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    But if "only the bottom half is removed" means chimney breasts were removed internally, but the stack there at upper levels or above the roof, you might just check that appropriate structural support was put in as the chimney breast supports the upper brick tower?

    Don't panic as I'm sure cracks or sagging would have shown by now if it had been botched, but my cousin bought a place where it had been (botched/unsupported that is).

    It cost peanuts to diagnose and fix, but at least he knew there was no chance of sharing a bed with a chimney stack when the next 1 in 100-year gale brought it down through the roof!
  • silvercar
    silvercar Posts: 46,945 Ambassador
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    Building regs way back then would have allowed gallow brackets as support. Current regs would require more solid support like an RSJ.

    However long it has stood unsupported, I wouldn't stand underneath!
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • silvercar
    silvercar Posts: 46,945 Ambassador
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    If Section 36(6) can still be applied then is there any view on what the mortgage lender may request in lieu of the aforementioned indemnity insurance to be comfortable to lend?

    They could require you to sort the problem out.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • G_M
    G_M Posts: 51,977 Forumite
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    NickB2017 wrote: »
    ..... My intention is to get a structural engineer in to see if the top half is being properly supported. .
    to do this he willneed to expose whatever supports may or may not be hidden behind the plasterwork.


    I doubt the current owners will be happy.....
  • stator
    stator Posts: 7,441 Forumite
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    Building regs are an admin matter
    The real matter is whether your house will fall down on you.
    I wouldn't buy a house with an unsupported chimney stack
    Changing the world, one sarcastic comment at a time.
  • LadyDee
    LadyDee Posts: 4,293 Forumite
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    OP - make sure you have appropriate insurance cover in case that 1/100 year storm does bring it down - not so much inside the house as outside! Whether insurance would cover any claim in those circumstances, I wouldn't be so sure as the potential for a problem has already been raised. I'd be happier getting it taken down for absolute peace of mind.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    LadyDee wrote: »
    OP - make sure you have appropriate insurance cover in case that 1/100 year storm does bring it down - not so much inside the house as outside! Whether insurance would cover any claim in those circumstances, I wouldn't be so sure as the potential for a problem has already been raised.
    Yes, the insurance would cover you. The insurers take on the risk of some houses being wobblier than others. That's one of the reasons they ask about age and construction method (and don't ask about whether you have paperwork for every previous alteration).
  • silvercar
    silvercar Posts: 46,945 Ambassador
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    NickB2017 wrote: »
    Thanks for the replies. My intention is to get it rectified as soon as I get into the property. But if the lender revokes the mortgage offer on the basis that both indemnity insurance and regularisation are not possible then I won't get the opportunity to do so. So I guess I'm stuck with the lender's appetite to take on the risk, unless there are other options (e.g. can the lender make it a condition of granting the mortgage?)?

    The lender could make a retention of a few thousand pounds, releasing the money to you when you have sorted the issue.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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