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1988 property without build regulation for rear extension

7 replies

Bepositive123 · 14/02/2020 07:34

Hi,

We are trying to get on the property ladder. Our offer has been accepted on a house but now we came to know that the owner doesn't have a build reg for rear extension though they have planning permission doc(1988 property). Solicitor has given a thumbs up however we are sceptical. Should we proceed or not? In absence of build reg, is it likely we face a problem when selling the house in future (when we want to move to a bigger house). Any suggestions? Any one has faced something similar. Please advise

OP posts:

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DelphiniumBlue · 14/02/2020 07:40

You can get indemnity insurance, this is quite a common issue. And for your peace of mind, get a surveyor to check it over to confirm it is safe. Does the planning permission relate to this exact extension? And can the vendors confirm in writing what they know?
It shouldn't be a problem when you come to sell, but in a difficult market, who can say what potential counterweight take issue with.

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DelphiniumBlue · 14/02/2020 07:41

Sorry, stupid predictive text...
Who can say what potential buyers will take issue with.

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Mildura · 14/02/2020 08:57

You, or rather the property owner, can take out indemnity insurance. However, it will be a total and utter waste of time, effort and money. The only thing it protects you against is from the local authority taking enforcement action for lack of building regs. The chances of that happening after 32 years are somewhere around zero.

What you should investigate is whether there are any obvious defects with the way the extension was constructed. Presumably you'll be having a survey? Notify the surveyor that the extension doesn't have building regs and ask them to look closely at it during their inspection. Anything of concern will almost certainly be obvious after it's been standing there for 32 years.

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redwoodmazza · 14/02/2020 11:25

Did it need Building Regs when it was done? Rules have changed since then.

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Mildura · 14/02/2020 12:20

It would be unusual for an extension significant enough to require planning consent to be exempt from building regs approval, even allowing for changes in requirements since the 80's.

A conservatory may not have required building regs sign-off, but that's about all I can think of.

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MarieG10 · 14/02/2020 12:46

Most properties then required building regs, as they do now.

However, over 30 years ago there is no risk of enforcement action. The issue is as ever, why did the owner that had it built not have building regs approval (it cost peanuts then) and usually it is because the way it was built was not compliant etc.... however, there could be other reasons such as they forgot or it took a long time to build and they didn't bother etc.

You need to make a considered judgment in consultation with your surveyor...but in reality look at it and see how well built and maintained it is...if it hasn't moved or fallen down in 30 years it is unlikely to.

If it has major structural supports involved you may want to dig deeper

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Bepositive123 · 14/02/2020 21:42

Thank you ladies for giving valuable suggestions. We will go for either full structural survey or home buyer report. Fingers crossed. Hope we find no issues and can move into the property