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  • FIRST POST
    • DinoFan
    • By DinoFan 13th Feb 18, 12:40 PM
    • 18Posts
    • 6Thanks
    DinoFan
    Extension not built to building regs or PP
    • #1
    • 13th Feb 18, 12:40 PM
    Extension not built to building regs or PP 13th Feb 18 at 12:40 PM
    Hello,


    We are first time buyers and currently awaiting to hear back on our offer on a house. It needs quite a bit of work doing to it but estate agents have informed us there's no known structural issues (still going to get the full survey though just in case!).


    However, it occurred to me that the 15 year old extension at the front of the property might not have planning permission and doesn't fall under Permitted Development. I checked with the council and cannot find any approved permission for the extension.


    I know a Certificate of Lawfulness could be obtained by the vendor but I am more worried about the building regulations not having been met (there is no proof that they built the extension to these standards!).


    Looking at where the extension meets the original building there is a crack that runs all way down from the extension's roof to the ground. But we cant tell if it is just the render or if it goes through to the bricks (again I guess the survey will pick this up) My partner thinks there could be issues with the wall ties?


    I am after any advice or action we should take to protect ourselves? Or any questions or actions we could ask/take?
Page 1
    • cjmillsnun
    • By cjmillsnun 13th Feb 18, 12:46 PM
    • 600 Posts
    • 732 Thanks
    cjmillsnun
    • #2
    • 13th Feb 18, 12:46 PM
    • #2
    • 13th Feb 18, 12:46 PM
    What you have to remember is that the building regs 15 years ago are different to those in force today. By going and doing checks you!!!8217;ve now made any indemnity policies invalid. So you have 3 options. Alter the extension to comply with today!!!8217;s regs (expensive). Rely on the survey and live with it or walk.

    How wide is the crack in the render?
    • DinoFan
    • By DinoFan 13th Feb 18, 12:48 PM
    • 18 Posts
    • 6 Thanks
    DinoFan
    • #3
    • 13th Feb 18, 12:48 PM
    • #3
    • 13th Feb 18, 12:48 PM
    Sorry for being ignorant but what is an indemnity policy?


    the crack is probably only 2mm wide
    • da_rule
    • By da_rule 13th Feb 18, 12:51 PM
    • 2,622 Posts
    • 2,311 Thanks
    da_rule
    • #4
    • 13th Feb 18, 12:51 PM
    • #4
    • 13th Feb 18, 12:51 PM
    It's an insurance policy that protects you should someone take action against you for a breach of planning/building regs/covenants etc. However once you've put the other side (the Council in this case as the local planning authority) on notice of the breach you can no longer get a policy.
    • DinoFan
    • By DinoFan 13th Feb 18, 12:54 PM
    • 18 Posts
    • 6 Thanks
    DinoFan
    • #5
    • 13th Feb 18, 12:54 PM
    • #5
    • 13th Feb 18, 12:54 PM
    Would this affect all future buyers on this property? Fell awful now as if we do not go for it it might put other people off!
    • Davesnave
    • By Davesnave 13th Feb 18, 1:59 PM
    • 25,018 Posts
    • 92,523 Thanks
    Davesnave
    • #6
    • 13th Feb 18, 1:59 PM
    • #6
    • 13th Feb 18, 1:59 PM
    Would this affect all future buyers on this property? Fell awful now as if we do not go for it it might put other people off!
    Originally posted by DinoFan
    Did you actually speak to the council or just do an on-line search?

    Either way, 'other people' won't know what you did and they're responsible for their own enquiries, or lack of them.
    'It's a terrible thing to wait until you're ready…..Generally speaking, now is as good a time as any.' Hugh Lawrie.
    • DinoFan
    • By DinoFan 13th Feb 18, 3:44 PM
    • 18 Posts
    • 6 Thanks
    DinoFan
    • #7
    • 13th Feb 18, 3:44 PM
    • #7
    • 13th Feb 18, 3:44 PM
    I initially did an online search then when that showed nothing up and asked the Planning Team
    • eddddy
    • By eddddy 13th Feb 18, 4:15 PM
    • 6,302 Posts
    • 6,165 Thanks
    eddddy
    • #8
    • 13th Feb 18, 4:15 PM
    • #8
    • 13th Feb 18, 4:15 PM
    Would this affect all future buyers on this property? Fell awful now as if we do not go for it it might put other people off!
    Originally posted by DinoFan
    If the extension was built 15 years ago, an indemnity policy is irrelevant - no enforcement action can be taken (unless perhaps if it is dangerous, and likely to cause injury to somebody).

    But a mortgage lender might still insist that an indemnity policy is purchased - in order to tick a box on a form!


    On the broader question - you should ask your surveyor to specifically look at the porch and the cracking. He/she should advise you how concerned you should be.
    • davidmcn
    • By davidmcn 13th Feb 18, 4:18 PM
    • 7,629 Posts
    • 7,757 Thanks
    davidmcn
    • #9
    • 13th Feb 18, 4:18 PM
    • #9
    • 13th Feb 18, 4:18 PM
    Would this affect all future buyers on this property? Fell awful now as if we do not go for it it might put other people off!
    Originally posted by DinoFan
    Generally buyers aren't likely to be put off by the lack of paperwork. They may however be put off if the extension actually needs work done to it (which of course it may do even if it did have all the consents!).
    • DinoFan
    • By DinoFan 13th Feb 18, 4:32 PM
    • 18 Posts
    • 6 Thanks
    DinoFan
    Thank you everyone!


    I shall see what the surveyor says. If it is bad then I guess we can always renegotiate the price down to cover the costs to fix
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