Conveyancing - Advice on lack of building regulation sign off & selling House

[HELPNEEDHELP12398765]

Are their any conveyancing solicitors that could provide me with some help?

I'm looking to sell my house but I have a problem in that some buildings work carried out does not have building regulations sign off.

The plans were submitted to the LA via an approved building inspection company and were approved. My builder unfortunately never liaised with the inspection company and they did not know work had started. Work was all completed and we thought it was all ok until had a call from the inspection company asking if work was going to start soon as permission would soon lapse. After much discussions and inspection they said they wanted various things changed within 28 days, including replacing part of a roof, at great expense & disruption. I explained it was not possible in this time scale, didn't have enough money etc. then I never heard back from them. This was 5 years ago now.

Fast forward to now and I need to sell the house. I know you can get indemnity insurance for lack of sign off on building works as long as the LA aren't aware. My question is would it be valid in my case? I never liaised directly with the LA, instead all correspondence was with one of their approved inspection firms. Whether they notified the LA about the works I do not know.

Any advise would be gratefully received as I am very worried about this. Thanks

An indemnity won't cover the costs of remedial work to pass inspection.

Only the Council building control officer can authorise the completion and not an independent firm. You can check on the council website for your home address as to the status of your application. This is also what any mortgage provider or solicitor will also check

Will anyone be able to get a mortgage to buy your house? Probably not unless you find a cash buyer perhaps?

I would also expect a large reduction in price sorry to cover the cost of the remedial work.

It may be cheaper to clear building control.

@cabbageking

An indemnity won't cover the costs of remedial work to pass inspection. Only the Council building control officer can authorise the completion and not an independent firm. You can check on the council website for your home address as to the status of your application. This is also what any mortgage provider or solicitor will also check

Will anyone be able to get a mortgage to buy your house? Probably not unless you find a cash buyer perhaps?

I would also expect a large reduction in price sorry to cover the cost of the remedial work.

It may be cheaper to clear building control.

Thanks. When I spoke to estate agents valuing the house they didn't seem to think it was too much of a problem as long as I could get an indemnity policy in place. My worry was whether a policy would be valid or not given the correspondence with this approved building control inspection firm.

Don't forget Estate Agents know little of contract law around this, little of mortgage processes and will say anything to get you on their books. When any buyer finds you don't have sign off, you are the one with the problem if the buyer won't accept an indemnity.

As a buyer I wouldn't accept indemnity, it only covers against the Council not against shoddy work that might fail.

I wouldn't trust the EA they seem to tell both the seller and buyer whatever they want to hear, in my experience. Currently on month 3 of delays while solicitors wrangle over something the EA told me was a non issue

The EA will understand nothing despite the words coming out of their mouth. I have bought two properties where I have discovered issues along these lines but not quite so costly to rectify. It is infuriating as a buyer that by the time you find this stuff out you are down several thousand and weeks of time plus emotional investment. If those issues came to light whilst buying there is no way I would accept an indemnity policy even if it was an option. I think you should either get building control to come and have a look or price it knowing someone needs to get the work done retrospectively.

The EA can value the house at whatever they wish.

It will sell for whatever the buyer will offer.

Will this put off buyers? I suggest it will.

Personally, I wouldn't touch it, It may need a large amount spending on it and I may not be able to sell it on easily. Building regs change and by the time you have the money to put it right BR will have moved on.

Specifically on your point as LA are aware of the issue I don't think you can get Indemnity Insurance

You need to speak to your local authority. They will be experienced in cowboy builders

@user1487194234

Specifically on your point as LA are aware of the issue I don't think you can get Indemnity Insurance

This was my understanding, that an indemnity policy can't be used if the LA are aware. It wasn't the LA themselves that have been spoken to previously about it, but was one of their approved inspection firms so I didn't know if that would invalidates an indemnity too or not.

You can't get an indemnity policy as the LA/approved inspector is on notice that the works have been completed without being inspected and signed off. You can apply to LA Building Control for retrospective sign off, the LA would inspect and you may need to carry put additional work to bring it line with Building Regs.

Did you raise this with the builder, why they didn't liaise with the authorised inspector? Did they charge you for this part of the service as part of the fee you paid? You may struggle to sell to a buyer purchasing with a mortgage.

The approved inspector is working as an agent for the LA, so you won’t be able to get indemnity insurance for this.