Lack of building regs sign off for extension

[keeponrunning85]

We're buying a house which was extended in 2005. The vendors do not have any building regs sign off and can't get hold of any documents relating to the extension from the council because the council don't have them following a merger.

Our solicitor says that because the extension was built over 10 years ago it is past the enforcement period and therefore ok.

I'm just a bit concerned it could be an issue when we come to sell in the future. Does anyone have any advice/experience?

Strictly speaking there is no limit to the period of time in which the council can take enforcement action, however after this length of time the local authority would have to apply for a court order to enable them to take any enforcement action. Something which is tremendously rare.

Have you had, or are you having a survey? Something more detailed than the mortgage valuation? If so, you should ask your surveyor for their opinion of the work that was carried out to extend the property. If there was an issue it would very likely have made itself evident after that period of time.

Lack of building regs indemnity policies are becoming quite common, and given the way you've phrased your post it sounds like building regs were obtained, just that the documentation is not available, rather than building regs were not sought.

Get the vendor to pay for the indemnity and I wouldn't worry about it any longer, providing your surveyor is happy with the standard of the work.

Have you contacted the council about it? If so, you can't get an indemnity against enforcement action anyway, but given the deadline has passed, it's a non-issue providing it is sound.

Did your survey flag up any issues with it?

Thank you for your replies.

The survey flagged some issues with the roof and electrics which the vendors have dropped the price for and then presumably we will have signed off once done. Otherwise it was alright.

The council have been contacted and said they cannot provide the documents because they don't have them after a merger 9 years ago.

The vendors got building regs approval but have said they don't think they got a completion certificate.

Our solicitor is requesting a building regulation indemnity policy from the vendors.

Completely agree with Wow, definitely don't contact the council.

However, there is no deadline/time limit:

"Under s36 of the Building Act 1984 the local authority must serve the notice within 12 months of completion of the work or else it is time-barred. It may still however obtain an injunction to force the owner to remedy the breach. There is no time-limit on that power."

The vast majority of insurers won't provide indemnity cover if the council have been contacted.

But your solicitor is clearly in a better position to advise the best approach, given they know more of the details.

Too late as they've been contacted by the sound of things.

Too late as they've been contacted by the sound of things.

Yep, cross posted there!

I think it was the vendors who contacted the council. Does that make any difference?

Nope, sadly not.

Oh well. Have spoken to our solicitor and feeling a bit clearer on the whole business now. Sounds like the building indemnity insurance doesn't really mean much anyway!

Building indemnity insurance is really for the benefit of your mortgage companies box ticking excercise, and as you solicitor as indicated of little benefit and just another cost of purchasing a house. Just be thankful your solicitor is not asking for proof that the rest of the house conform to building regulations.
When purchasing indemnity you should not have alerted the council to a potential breach in regulations. From what you have said there is no breach. Just the council has lost its records of the building control sign off, and has been aware of the construction from the start.