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NickB2017
Posts: 8 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.0
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..... 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.
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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?
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.0 -
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!0 -
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.0 -
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.0 -
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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 stackChanging the world, one sarcastic comment at a time.0 -
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.0
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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.0
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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.0
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