Shared Ownership Building Regs Nightmare

[Legal193]

I am desperately trying to sell a shared ownership property bought in 2014 through the local council and it has been a nightmare from the start.

The property is an Edwardian conversion to flats and my buyers’ mortgage survey has highlighted the removal of a chimney breast, which they require proof of building regulations for.

As the property was converted 40 years ago (long before I had anything to do with it!) the Council’s initial response was that they no longer hold these records.

Question 1 - If it costs me a surveyor to get this sale through I will just have to pay it, but it seems ridiculous that I should take the hit and the Council have no responsibility for the building regulations of a property they own 60% of? Is this correct that they can just shrug their shoulders?

Secondly, as they have no record of this work being done they have taken the stance that I’ve undertaken the removal without consent!

I didn’t even know the damn thing existed! There are 3 blocked off chimney breasts in the property but it turns out also a 4th running through the middle of the building, the remains of which can only be seen in the loft.

I’ve received a letter threatening legal action for breaking the lease and detailing the associated costs for retrospective planning application.

Question 2 - Is it worth pursuing some kind of legal action towards the Council for, apparently, doing this work without Building Regs being met? Where would I start with this?

My head is a mess and I really don’t need another battle, but if I can recoup some of my costs (and for the stress of managing their incompetencies for the last 10 years) I could certainly be interested…

Any advice would be much appreciated. Sorry for the essay, typed all of this out more concisely and then lost it!

P.S. Conveyancing solicitors no help at all. Strongly discourage using Dexters’ recommendation…

Do your local council have a historical records section. Most do which holds all old records pre computerisation, often on microfiche. It is more likely that approval was granted as part of the building control approval when the properties were converted and that the permission will be there to be found. If that is a no go then see if you have any photographs, perhaps the original flat listing from the estate agents when you bought it, you should be able to show that the works were prior to your ownership and that they are not your responsibility.

Thanks for your response. The council did mention they have some off-site storage but I didn’t get an official “no” before they started claiming I’d done it myself!

That’s a really good point ref photos though. I have the original ad from when I moved in showing the bathroom, which would (as they are suggesting) be entirely inaccessible taken up by chimney breast!

Thank you!

If you look on Zoopla for your property, do they have the archived listing showing from when you bought it? If they do, I assume there would be photos showing how it looked before you bought it?

Unfortunately it was a privately listed (well, via the Council’s mailing list!) however I think the original email had a tiny bathroom picture so I’m digging for that.

Failing that, it would be patently ridiculous for me to have got the 3 flats below to consent to the removal and then (presumably) have asked them to lie to the council if it came up.

I can’t see it would stand up in any court but it makes me so angry that they can throw their weight around and try! Like the sales process isn’t stressful enough.

After 9 years of this rubbish, I wouldn’t subject my worst enemy to any kind of interaction with Islington Council.

The exact dates will be important here. AFAIK the regs only became law in 1966.

Sorry, no further info.

I'm just selling an inherited property and don't have relevant building regs certificates for work done a few years ago. Solicitor just said they would take out an indemnity insurance policy which is costing less than £200. Bit annoying as I know for a fact it was done with correct building regs but just want it finished with so taking the hit. Perhaps you could just do that?

Thanks for your message. The conversion was done it ‘78 so a very good while before then!

Sorry for your loss.

This sounds like exactly the kind of solution I need, except… beginning Dec last year Solicitor A told me to contact the council for a copy of this document. Solicitor B covered A’s work over Christmas and I found out that due to me requesting the docs (as instructed!) I had made an indemnity impossible 🙃

Best of luck with the sale of your property!

Did you have a survey when you purchased the property? What does that say about it?

I did, but wasn’t picked up or queried!

Mercifully, thanks to another solicitor it looks like the buyer is happy to proceed given the work was done so long ago. Everything crossed for no more hitches.

Thanks all for the advice.

I just paid for indemnity insurance for a pre 1980 extension, was £50 buyers solicitor suggested it