Planning permission / building regs

[vinoandbrie]

We are buying a house with a converted basement.

There is no evidence on the local search of any planning permission brung obtained, or any building regs.

I know you don't always need planning permission for basements, but as the house is in a conservation area, I think it should have been obtained. Building regs should definitely have been in place.

What do we do? I am reluctant to move forward if the basement was converted without permission.

If it was a straightforward conversion without excavation, and the house is not listed, then wouldn't have required planning permission. Our house had a very decent sized coal cellar. We converted it into a utility room with loo and mains pressure pump. The main issues from a building control perspective were adequate damp proofing/tanking, water discharge and a safe staircase (replaced the previous ladder style rough and ready steps). Planning permission was not required.

Building regs would probably have been required. Worth checking to see whether the conversion as existing would comply with the regs, in which case I would ask the vendors to apply retrospectively or seek clarification about indemnity policies to cover any future issues.

I would walk away. Someone who would convert their basement without involving building control is a lunatic. If there wasn't any excavation, just fitting out, I might be less worried but to the extent that any excavation was done, I'd run away.

It might be fine but if its not, it won't be easy or straightforward to deal with issues even if you are indemnified.

I've just had the estate agent on the phone basically shouting at me that of course it's fine, the solicitor has lost the paperwork, the council has no record of it because planning permission was not required, basically making out I'm a complete idiot.

I tried to argue my corner, but he was speaking over me the whole time.

Was it your solicitor shouting at you? If so you need to get a new one!

Basements definitely need building regs. DH has seen a few that have fallen in due to insufficient support.

How long ago was it done? The sellers need to sort this by doing a regularisation before you exchange contracts.

Refuse to buy until they produce a building control completion certificate. The tanking and damp proofing work should also have a guarantee off some sort. These guarantees are normally worthless but at least prove the work was done

Basically the basement walls are holding back the earth that surrounds them and water within that soil. The walls must be designed to specifically retain the earth and keep out the water. If there are no building regulations or calculations regarding the conversion, I would definitely walk away because if the basement has not been built as a living space it may not meet the required standards. If the paperwork has been lost, they just need to find it, don't they?

I have just done a bit of digging into the planning application question. A lot of basement excavation companies say that planning permission is required. In London, some listed buildings are denied basement conversions and often solutions for ground water and managing the site are required. If this house is in a conservation area, I would check what the local council's requirements are regarding basements. It also appears many existing ones are dug down to give a suitable headroom. You do need all the facts before deciding what to do.

It was the estate agent rather than the solicitor who was being shouty.

I have now had a call back from the estate agent saying the seller is going to contact the council to come round and get the works checked, much huffing and puffing that I am delaying things etc.

Well, I don't care. I need to know whether this basement conversion is legit, right? And frankly, if it were me and I'd genuinely lost the paperwork I would, and MMM says, just keep looking!

*as not and!