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Seller wants to exchange, but there's a sticking point I need advice on first

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thebananapimp
thebananapimp Posts: 80 Forumite
edited 1 December 2017 at 6:46PM in House buying, renting & selling
You guys are always fantastic helping out with these questions so here goes:

Conservatory was built in 2009, but doesn't fit within the realms of permitted development because there's a window-less and door-less hole between the kitchen and hallway and the conservatory. It feels like an internal room, and because it is not separated by 'external quality walls, doors and windows', it would have required LABC sign off.

It doesn't have sign off. There's also a radiator plumbed into the kitchen's heating on the inside of the conservatory which would be another LABC issue as far as I know.

I want LABC sign off, because I like the current design and layout of the conservatory. This will cost £600 ish to call someone out, to inspect, and hopefully sign off on the construction.

If there's a problem. I don't want to pay for amends - as the seller should be responsible for it in my opinion. I've been asking them to get it signed off throughout the housebuying process but they keep skirting around the issue.

They say 'if you're so concerned about it, then get a quote for indemnity insurance over to us'.

I want to know if this will cover work required in order to receive sign off from LABC?

Does such insurance exist? Where can I find it?

The alternative is simply to ignore the 'technical' grey area of this conservatory, and to deal with it when we come to sell the hours in 10 years or whenever.

I hope this isn't too rambling and that it makes sense - as they're now pushing to exchange and I want to nail this and know I'm making the right decision.

Best,

TBP

Comments

  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    You aren't going to get what you want. The conservatory probably doesn't meet the building regulations for an extension which is how they are using it. An extension would have cost them much more to build than a conservatory. What they have is a conservatory that is supposed to be seperated from the house by and external door. They have removed this door.

    What you need to ask yourself is are you paying for an extension when they don't have an extension? Would the house be worth the same if it had an external door between the rest of the house and the conservatory because that is what you are buying a house with a door missing.
  • RedFraggle
    RedFraggle Posts: 1,309 Forumite
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    Indemnity insurance covers you in the instance that the council find out and take action to make you bring it up to spec.
    Sounds like that would be the fitting of an external door between the conservatory and the house.
    Officially in a clique of idiots
  • silvercar
    silvercar Posts: 46,962 Ambassador
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    The seller׳s have missed a trick. Round here people build their conservatories and get sign off. Only then do they remove the offending wall and fit the conservatory radiator.
    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.
  • Pumpkim
    Pumpkim Posts: 214 Forumite
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    We've just exchanged on a house with a very similar set up as you describe and accepted indemnity. We like the layout and its one of the main things that attracted us to the house. In all the specs it was described as a conservatory and the house was priced as such. We then came up against the lack of sign off but decided not to pursue this, because we like it as it is; we were just advised to get advice it was structurally sound, which we did and it is. I actually think the indemnity is a waste of money but it satisfied our lender and the vendor paid for it so...
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    Pumpkim wrote: »
    We've just exchanged on a house with a very similar set up as you describe and accepted indemnity. We like the layout and its one of the main things that attracted us to the house. In all the specs it was described as a conservatory and the house was priced as such. We then came up against the lack of sign off but decided not to pursue this, because we like it as it is; we were just advised to get advice it was structurally sound, which we did and it is. I actually think the indemnity is a waste of money but it satisfied our lender and the vendor paid for it so...

    The problem will only arrive if someone pays for a house with one of these conservatories at the price of a fully compliant extension. The reason it has been done the way it has is because it is much much cheaper than building an extension. But a buyer should not be expected to pay for an extension that isn't.
  • silvercar
    silvercar Posts: 46,962 Ambassador
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    Cakeguts wrote: »
    The problem will only arrive if someone pays for a house with one of these conservatories at the price of a fully compliant extension. The reason it has been done the way it has is because it is much much cheaper than building an extension. But a buyer should not be expected to pay for an extension that isn't.

    It isn't actually any cheaper, in fact it may even have cost more, given that the builder/ designer/ client all know it is going to be part of the adjacent room. We are talking about a conservatory that has been built to a high standard with the intention of it being part of the home.
    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.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    No one here knows how well it was built. Some conservatory companies play fast and loose, as they are not bound by building regs and inspections. Mine tried that.....and lost!

    So, I have a well-built conservatory with a glass roof insulated walls etc etc, , but I still wouldn't want it as a permanent part of my living room. Sometimes it is, and at other times, like last night when it was 0c, I'm glad it's not!

    The best thing about conservatories is the way they don't block the light, and the worst thing is that most have totally inadequate ventilation.

    The conservatory won't be a deal breaker, but if I were you, I'd look at whether I could have external bifold doors fitted. Those would be more use than a sign-off, which you are not going to get without a huge amount of hassle, if at all.
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