Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To proceed with this house purchase (building regs)

9 replies

argumentative4657651 · 06/07/2018 20:39

We're buying a new home, which had a single storey rear extension built in 2003. Our surveyor has raised no issues with the quality of the build, but the seller, who has lived there for 23 years, couldn't produce a building regs completion certificate. Our solicitor approached the local authority to see if they could get one. They wrote back to say no certificate exists, but that they're unlikely to do anything about it after all this time.
Because the council has already been approached, we're now unable to take out an indemnity policy to cover the (very small) residual risk that they might change their mind in the future.

Our solicitor says that if we were to try and sell it again within a short amount of time, then the inability to take out an indemnity policy might put off buyers. However, he also said that after another 5 years or so it should once again be possible to get an indemnity policy.

As we're planning to live there for more than 5 years, we're minded to go ahead. Would you?

OP posts:
RamblinRosie · 06/07/2018 21:49

In practice, the chance of the Local Authority enforcing after 14 years is nil (ex local authority officer here), they've got plenty of other fish to fry. If you've had a full survey and the surveyor is happy with the quality of the build, personally I'd go ahead.

However, be aware that it may put future purchasers off, so you may be able to negotiate a price reduction.

You could also look into getting a regularisation certificate from the Local Council, which confirms that it was built to the regulations then in force, I'd call and ask to speak to a Building Control Inspector, explaining your situation and ask, without giving the address, what would be involved in getting a certificate, cost in the region of £1,400 (from memory). BC Inspectors are usually very helpful.

For future reference, most councils publish details of Building Control cases on their websites, so you don't have to ask and thus lose the opportunity to get indemnity insurance.

RamblinRosie · 06/07/2018 21:56

PS If calling BC, do so after 3pm, they're usually out on site visits before that (they come in mid afternoon to do their paperwork and pick up the following day's appointments).

ThePants999 · 06/07/2018 22:02

Yes, I'd definitely go ahead in these circumstances. In fact, buying my current home, I DID go ahead in extremely similar circumstances. Haven't had cause to regret it.

MissClareRemembers · 06/07/2018 22:10

I’d go ahead. After 15 years, if it wasn’t structurally sound you’d know about it by now. You could always pay for a structural survey and use that for any future sale. The vendors might cover the cost of this.

Semster · 06/07/2018 22:20

I was in a similar situation except I didn't discover the lack of a building regs completion certificate until I came to sell my house (yes, that's how shit my solicitor was when I was buying my house).

It did make the sale quite complicated, mainly because we sold about 3 years after we'd bought.

We did manage to sell the house but we had to drop the price, and we were only really able to sell by having a variety of offers to choose from, and by going with the buyer who was represented by the most inept solicitor.

It's ridiculous really - the extensions had stood for 15 years with no problems.

W0rriedMum · 06/07/2018 22:22

I would consider if the extension would pass current building regs which are getting stricter all the time. If not, I wouldn't touch with a barge pole.
We were in a similar position and when we released that the property wouldn't pass current fire rega, we pulled out.

ISeeTheLight · 06/07/2018 22:24

I think the sellers can get indemnity insurance for this kind of thing. Which would cover you in the unlikely event the council would start proceedings.

nosleepnosense · 06/07/2018 22:28

As the OP says, once the council have been approached you can't get an indemnity policy. OP why did the solicitors ask the council then? Did the sellers believe there was one that had been misplaced?

argumentative4657651 · 06/07/2018 22:37

OP why did the solicitors ask the council then?

It's a good question. I think there was confusion (or deliberate obfuscation) over the ownership dates. Although the owner has lived there 23 years, at some point she got divorced or was widowed and the property has been transferred into her name. I think perhaps the solicitor messed up and used that date to infer that a previous owner did the extension.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread