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Original poster

Building regs and indemnity policy?

9 replies

OnePotato2Potato · 04/07/2017 21:16

Hi,

If anyone can offer guidance with this I'd be grateful as I'm getting fed up now Sad

We are purchasing a property where a car crashed into the side wall (a non load bearing wall). The vendor claimed on the insurance, and got the work done from a builder but did not seek building regs approval for this work. The only bit of paperwork he has for this work is a structural engineer's survey carried out before the repair work and an invoice from the builders once the work was completed.

We feel that building regs should have been involved, if not at least certification from the insurance company saying the work was up to scratch or a structural engineer's report or builder's guarantee of some e form!

But vendor is saying he has none of these things as they were not required. We have suggested getting an indemnity policy, not just to cover us in case the council approach us but also if there are issues with the quality of the work. (The mortgage lender has not requested this btw.)

The vendor didn't disclose any of this prior to us making an offer, it only came out after a mortgage valuation survey, annoyingly Hmm

My question is are we going about this the right way, is this all we can do? I just don't understand why he didn't get building regs involved in the first place but I don't see what other options we have? Does an indemnity policy work in this way?

TIA

OP posts:
wowfudge · 04/07/2017 21:42

Do you need building control sign off for reinstatement work?

Original poster
OnePotato2Potato · 04/07/2017 21:45

wowfudge I'm not sure if it's necessary for reinstatement work? Confused But how would the insurance company know if the work was done correctly? By just relying on the builder's invoice...?

OP posts:
CrabbyJo · 04/07/2017 21:48

I wouldn't proceed with the sale unless they get they apply and pay for it to be signed off by the council building control. You'll have a nightmare if you later want to sell. It's their responsibility.

venys · 04/07/2017 21:49

Maybe best to contact building control at the council and see if that sort of thing is in their jurisdiction. If it is, they may be able to give advice as to how the vendor can apply for consent retrospectively.

SwedishEdith · 04/07/2017 21:52

When was it? Would insurance pay out if not done properly? (Genuinely don't know).

engineersthumb · 04/07/2017 21:54

I can't think why you would need to make a building notice in this instance. If it's been in place sometime and there is no sign of damp, significant cracking or bulges showing and it's passed a basic survey then I don't think you have anything to worry about.

TheCrowFromBelow · 04/07/2017 21:58

Building regs won't just come and sign off on it if it wasn't required.
Has your survey highlighted any issues with the work?

isambardo · 04/07/2017 22:17

Hi there. I'm an approved building control inspector and DH (the wife handed the tablet over to me). Just need a bit more info to provide a decent answer. Could you explain how the external wall is not load bearing as most carry the roof. Also can you describe how it was constructed, e.g. cavity wall, solid local stone masonry etc...from your post it sounds like it was notifiable and would either have to be passed by local authority building control by way of a Regularisation application (retrospective - which would involve invasive work and near impossible to achieve during conveyancing process) or, like you say indemnity cover by an insurance company if a defect associated with the works pop up in the future. If you go down the indemnity route, get the vender to pay in full for the best cover you can find. Also, are you having a structural survey carried out? It can help strengthen your case when asking the vender to cough up. Cheers.

Original poster
OnePotato2Potato · 04/07/2017 22:37

Thanks for the many replies!

Wall was damaged two years ago...

The wall is part of a single story side extension, so it is not load bearing.

We had a home buyer's survey which didn't bring up any problems but then again that is not very thorough...

From my understanding, if I contact the local council about this it would nullify any indemnity policy... or do I just not mention the address Confused

If we try to get retrospective approval, I understand that to be lengthy and invasive so that is why indemnity seemed like the only option.

Thank for taking the time to read and reply.

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