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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To consider pulling out of a house purchase...

81 replies

SoftlyCatchyMonkey1 · 15/05/2018 21:50

Our solicitors have only just told us that the vendors have not got building regulations approval for the conservatory extension they built. We've just been finalising all the paperwork before exchanging and have discovered this. They offered indemnity insurance which I'm not comfortable with.

I'm really upset. I love that house but i feel that we can't take the risk in buying something that may be a risk and may not be compliant, so we'll have problems selling it on. The conservatory is the real selling point of the house.

OP posts:
clippityclock · 15/05/2018 22:09

I thought if it had been there for more than 5 years then the council don't do anything about it anyway. I'm probably wrong though

user1487194234 · 15/05/2018 22:11

If you are getting a mortgage your Lender will need to agree,more or less a formality but they do have to be asked
Indemnity Insurance is not a like for like for consents,most people will accept it but some won't

HarryDresdensLeatherDuster · 15/05/2018 22:11

Nah, similar thing here and didn't stop me buying. Pretty common I think.

VanessaShanessaJenkins · 15/05/2018 22:12

We moved last summer. We had to pay for 4 indemnity insurances on the house we sold and the vendors of the one we bought had to get 2. Completely normal. One of mine was because I couldn't find the fensa certificate for the windows, even though they could see online that one existed. Really pissed me off when I later found it!

Murane · 15/05/2018 22:14

If it hasn't been approved by the council then presumably it hasn't been checked by an inspector and there's a chance that it hasn't been correctly constructed or doesn't have the correct thermal values? I'd be concerned about the hassle if the council found out and/or if there were problems with the construction that needed to be rectified. Even if the cost was covered by insurance there's still the inconvenience. I'd also wonder why the vendors didn't just get it inspected and signed off? It would put me off buying the house.

Angrybird345 · 15/05/2018 22:15

How old is the conservatory?

RhurbabAndCustard · 15/05/2018 22:18

We took out indemnity on our old house and bought a house with indemnity. It's quite common

Original poster
SoftlyCatchyMonkey1 · 15/05/2018 22:19

@angrybird345
I believe the conservatory is over 3 years old.
I don't know what they didn't just get retrospective approval. That's what bothers me!

OP posts:
ASAS · 15/05/2018 22:19

We bought last year, our solicitor made our seller take an indemnity. Back in the day folk did all sorts to houses without planning permission. Don't loose your dream house over it.

RhurbabAndCustard · 15/05/2018 22:19

Dont whatever you do call the council as can't take out a policy then!

amiw · 15/05/2018 22:20

An indemnity policy for missing Fensa certificates when the certificates exist and can be seen on Fensa website and Local search are completely pointless. The works were signed off what exactly does the insurance protect enforcement against? What enforcement? OP post as long as structurally sound completely normal. For a conservatory virtually all buyers and lenders will accept when you come to sell/ remortgage.

RhurbabAndCustard · 15/05/2018 22:21

We haven't got permission for conservatory on house we bought. The policy covers you against a loss of value to house. It's a conservatory it has doors to house ofherwise it's classed as an extension. Ours has no doors and therefore downstairs is open plan. We bought it anyway as did the previous owners. Panic not. Insist on a policy

Echobelly · 15/05/2018 22:23

This can totally be dealt with and it's very common - not a deal breaker.

Original poster
SoftlyCatchyMonkey1 · 15/05/2018 22:25

Naive question but why don't people get building regulations sorted when they spend all that time and effort doing an extension?

OP posts:
FlapAttack23 · 15/05/2018 22:27

We were in exact same boat 3 months ago. Also panicked but then decided to go with it and am.glad we.did. moved in and love it here. We were told.worsto case scenario we have to take it down but that it was very very very unlikely . Would have loved house even without it though so we were willing to take the risk..fingers crossed. The neighbours work for planning permission too and they have an extension against a convenant 😂😂

AllyMcBeagle · 15/05/2018 22:27

We bought our house with a conservatory with no Building Regs approval but indemnity insurance instead. It wasn't a major concern.

Although the conservatory was a big selling point as it seemed so light and airy when we looked around, we now realise it's boiling in the summer and freezing in the winter so it's not lived up to expectations. We will eventually replace it with a proper extension when the time is right. So there have been issues for us but Building Regs hasn't been one of them!

RhurbabAndCustard · 15/05/2018 22:28

Monkey it's usually from a time when regs weren't needed as much. Like certificates for electrics etc. We've got policy covering windows and conservatory. We took one out for our windows on last house

RhurbabAndCustard · 15/05/2018 22:30

Ally we have same issue but can't change structure without planning permission. If we apply for a more permanent structure we may get council saying no and also that we have to put door and window back in which would devalue our house considerably. So we can't take the risk. We've got central heating in ours so it's considered an extension so we are keeping quiet!

BoomBoomsCousin · 15/05/2018 22:31

Planning permission and building regulations are different things.

Planning permission is whether you're allowed to build the thing at all, building regulations is whether it's been built properly (e.g. up to fire code). Lack of building regulations may impact insurance (we bought a place with a loft that hadn't had building regulations signed off - we had to ring around a lot of places before we could get insurance and it was about 25% higher than the quote we had wanted to go with). We also found we couldn't get indemnity insurance because we knew it hadn't been signed off, and that given when it was built there was no way it would be up to code. We were intending redoing the loft so it wasn't a concern for us. Ask your solicitor what your options are. Don't take advice off a bunch of strangers on the internet for a major investment.

fourquenelles · 15/05/2018 22:36

I pulled out when my survey threw up no building regs for the kitchen extension even though the seller offered indemnity insurance. The surveyor and my solicitor hinted very strongly that things were amiss. It was the icing on the cake really as the seller had been an arse throughout the whole process and I didn't trust her as far as I could throw her.

Doje · 15/05/2018 22:36

I would first see if they can get building regs signed off.

We were buying a house, only to find out building regs for the whole house hasn't been signed off! We got them to do it retrospectively, and it seemed to have just been a few t's not crossed and i's not dotted and it was all sorted quite easily.
the sale then fell through when we were gazumped, sob

AllyMcBeagle · 15/05/2018 22:39

Ally we have same issue but can't change structure without planning permission.

I think we could get ours in under permitted development rules (it's just a single floor room at the back under 3m length/25% volume of house etc) although haven't looked in detail as we'd need to have a lot more in savings.

I just feel a bit silly that I should have realised it's like having a green house stuck on the back of your house! It's still a lovely house so can't complain too much though, and when the temperature is just right in spring and autumn it's a lovely room.

nellly · 15/05/2018 22:45

Indemnity for stuff like this is really common!! I've worked as a lawyer for years, albeit not in residential but I know plenty who do. I was offered an indemnity policy for missing building certificate for attic window and took it without a second thought! Honestly don't let that out you off a dream house

TrinaN · 15/05/2018 22:48

Indemnity policies are common for this. Lenders and future buyers will accept them so there shouldn't be an issue from that side.

However, the policy only covers enforcement action by the council not poor workmanship.

If you've had a survey speak to the surveyor and they can advise if it looks structurally sound. If you haven't then I would get a surveyor or structural engineer to look at to make sure it's okay.

Since it is open and not a separate room it would have needed a steel support so you need to be sure. I always remember the horror story of a buyer visiting the house with the surveyor and being told to get out - they had knocked out the wall with no supports and it could collapse at any time!

Not saying that is the case here but best to be sure.

Original poster
SoftlyCatchyMonkey1 · 15/05/2018 22:48

Thanks again everyone.
You may be strangers on the internet but you're very helpful strangers!
I'll have a chat with the solicitor tomorrow

OP posts: