Accidentally reported the house we are buying to building control

[Neet90]

The house we are buying has a structure supporting/ strengthening one of the beams. We had gone back and forth through solicitors about the work and if there were building regulations. The solicitor suggested we contact the water board directly about another matter so I thought I would be proactive and contact the council about the supported beam also, particularly as due to rot other beams may need replacing once we move in and it would be useful to know what approvals we would need. I sent the council relevant information and now our solicitor has frightened me saying that I have reported them, placed their house on notice, they have informed the sellers solicitor, said there is no possibility of indemnity insurance and we could be sued, our mortgage is at risk etc etc. This was clearly foolish of me but I had no idea at the time and now it seems this is yet another thing to worry about and I'm so nervous. I've no doubt upset the sellers and may have jeopardised it all.

@milliemoodle
No I don't believe we could have an indemnity policy at all now (I had no idea what they were prior to today). The beam and supporting structure is pretty visible as its in the cellar which isnt plasterboarded or decorated etc. I worry how long it takes for the council to assess as I don't want our buyers to get impatient and walk away. Also slightly worried they will have an issue with the 32 year old extension though hopefully that is well over the 10 year guideline. I can't believe I've foolishly screwed us over.

Have the sellers actually contacted the council now to arrange for an inspection? Timescale depends on the council, most will come and do an initial assessment within a few days. If remedial works are needed then obviously that can take longer as the seller will need to arrange for work to be done. Don't worry about your buyers, if they want to buy your house, they'll wait. Hopefully all will run smoothly. You're not the first and you certainly won't be the last person to contact the council to try to get things moving.

If current owners didn't require indemnity insurance to get a mortgate (assuming it wasn't a cash purchase), it'll be because the work was completed pre building regs. If that's the case it cannot be regularised, which means you all proceed as before. The council should be able to check records of applications for work done and tell them quickly if they have no record of an application, which generally means it was done before the regs came in. If they have record of a building application then they can check whether it met standards of the time, I think, but I'm not certain. Good luck OP.

building control may want to visit, it may cost them, they will be more annoyed if we don't go through with purchase, potentially affected our mortgage etc etc.

All of this is true but you're perfectly within your rights as a buyer to know whether any structural work has the necessary building control checks/approvals!!

If it hasn't, then that's the vendors issue not yours, and why would you want to buy a house that doesn't have the paperwork to show that structural works comply with building regs?

In regards your mortgage, all that is likely to happen is that your mortgage company may "withhold" an amount they deem of similar value to rectify the issue. It is then up to you to negotiate with the seller as to whether they drop the selling price by that amount, or you agree between you to get it put right and sort out who pays.

Something similar happened to a friend of mine and the works required were actually a lot less than the amount withheld, so she went halves on the work with the vendor and once it was all signed off her mortgage company agreed to release the full mortgage amount.

It's only a major issue if you gave the address of the property to the council?

@milliemoodle this all happened this afternoon so I have no idea of next steps or timescales. I'm just in the window of freaking out and not yet knowing the plan of action. I may try to call the solicitor tomorrow, I'm probably her least favourite client. I really hope it can be resolved quickly. Thanks for the reassurance that I'm not the only person to have ever done something so silly, lesson learnt I suppose though. @millstick the current owners have lived there around 27 years so I'm desperately hoping the council won't care about the extension at all as it was there when they moved in and hopefully it won't affect our mortgage. The beam support was done last year though, I really hope the council feel it doesn't need their approval or that they can just provide it there and then or something, though I have no idea if and when they will look. I'm sure I have majorly pi**ed off the sellers which I really didn't mean to. I just really hope it can all be resolved asap, I feel like a right fool.

@Japanesejazz yes I foolishly gave all of the information and the address. Clearly I don't do things by half.

@FrangipaniBlue I agree it's important to know it's all in order before we purchase, we wouldn't want to have the same issues come up if we were to ever sell it later on. I suppose because of my ignorance I just went about it totally the wrong way. No indemnity insurance, no mortgage option presumably until the council have investigated etc. We would be prepared to replace the beam if it's an issue as it was commented on in our survey. I totally regret mentioning it to the council, I had no idea. I just hope it can be sorted some how and soon, I really don't want to have jeopardised our move. So worried.

I don’t like the sound of a wooden support for a wooden beam for a recent structure.

We have numerous beams and they should be embedded in the brickwork or supported by a brick pier. Preferably a steel beam too. If there is a fire, the wood support burns and so does the beam. A steel is more robust and embedding means it stays put and does its job.

You should have had a structural engineers report. Building regs are required for this type of support and the owners might have played fast and loose. They might not have done the work in a safe or satisfactory way. If any report you have says this beam is safe then fine, but I have my doubts. Did you have a Structural Engineer look at it? If you cannot agree on a way forward, walk away. The owner is to blame for not getting building regs, not you.

@bubblesbuddy we have a structural engineer visiting tomorrow anyway for general reassurance over a few niggles but I guess it's too late to help resolve any building regulations issues since I went and put my foot in it straight to the council. The structural engineer report will be useful for us but little else now I guess. I don't want the chain to fall through and us be stuck in our current home, plus we've shelled out a fair bit of money so far so don't want it all to go wrong.

I can't really comment further without having access to your file and survey etc
If it came up in your survey then your solicitor would/should report it to your lender
Your lender would then confirm how they want to proceed
This would be
A. Will not lend
B. Will not lend without regularisation certificate
C. Will lend, with clause that you bring works up to building regs standard within x time scale
D. Don't give a shit
E. Will proceed with indemnity in place
By notifying the council and giving the address you have indeed royally fucked up (we have a code phrase at work for when clients put people on notice "someone left the gate open at the cunt farm")
You have put the council on notice and they will in all likelihood be writing to the seller in order to inspect the works
They may also make an entry which would be revealed on a local search which will show up until this is resolved
You have potentially made a property unsellable and you can't take a view because you have a lender
RE the extension the precedent established by Hepworth v Pickles applies here, and if it's been standing there for 32 years and hasn't fallen down, it's very likely ok! NHBC estimated life span on most new builds is 60 years
AND a little lesson to everyone buying and selling property, if your solicitor isn't talking to you that's because they are busy DEALING with your file! And if you have a lender they act for them first and you second!
I also cannot see how you can be sued, unless your seller submits a claim
Sorry OP, I work virtually exclusively on unsellable properties, and as I always tell my clients everything can be solved as long as you have time and money
From a personal perspective I would insist on a regularisation certificate for any works revealed on a survey that should have building regs.

@Japanesejazz thanks for the honesty! E certainly isn't an option now. I assume our lender would be majorly concerned at present and would want to see the outcome of the council's involvement, I guess the solicitor will liaise with them. So based on the precedent the old extension shouldn't be an issue for the council and so our mortgage company should still lend without an indemnity policy. I guess the seller now has no choice but to get a regulisation certificate for the beam or confirmation it doesn't need their approval at all. How quickly is the council likely to liaise with the seller and make a decision? I seems I am most definitely one of the clueless people at the 'c**t farm' but desperately hope it can all get sorted.

DH has had quite a lot of work from properties with issues that are over 32 years old where beams are the incorrect size or not installed properly. The main question is: is this beam ensuring the property is structurally sound.

The house can still be sold to you OP. It has delayed the sale but a structural engineer’s report will tell you what is wrong (if anything) and what needs to be done to put it right. You need to know the depth of this particular money pit! The owner could do any work required of course! Then get the certificates.

@Japanesejazz sorry to post again, but as you seem so clued up and I am certainly not when it comes to all these matters, you say they could submit a claim to sue us- can you explain a bit more?
Also, in your experience how do these things tend to play out?
Thanks

How could the solicitor have advised not to approach the council when OP went and did it without informing them of her intentions?

^I agree. This is all on the OP

By notifying the council and giving the address you have indeed royally fucked up (we have a code phrase at work for when clients put people on notice "someone left the gate open at the cunt farm")

Well, that's charming

None of that is the OP's fault, Japanese. The solicitor is pissed off because now indemnity insurance won't be an option, but indemnity insurance is a crappy workaround for the sellers not having sorted out building regs when they should have. They only have themselves to blame.

OP, you're perfectly entitled to have things done properly and insist on structural issues being checked out properly before you buy. Otherwise you're just inheriting this problem which will rear it's ugly head again if ever you want to sell on.

@AppropriateAdult thanks. Nobody seems to have much good to say about indemnity policies, which is fortunate as I've thrown away our chances of getting one anyway. I appreciate why they wouldn't have details for an extension they didn't do and sincerely hope the council don't enforce anything over this and my mortgage company doesn't have any issue. Regarding the beam support I was just genuinely trying to confirm if it really needed building regs approval or not, but clearly I went about it the wrong way and have opened a whole can of worms. I really hope the council either approve the beam asap or determine it doesn't require their involvement. I worry I've put our mortgage at risk and our move particularly as we would have upset the seller and probably caused further delays for our buyer and in turn theirs. I don't actually have a clue what is happening next, the solicitor just told me off said she would be informing their solicitor and woudl need to enquire with someone more senior than her. Definitely panicking, like the whole process wasn't stressful enough without me putting my foot in it.

It's not charming but it is true, I am VERY against indemnity policies. It's a bit like putting a plaster on a broken limb really. OP, you may as well ask how long is a piece of string in terms of timescale. Totally down to the council. In all honesty I would now leave your solicitor to deal with it, step right away, you are paying them to provide you with a decent title, and they have to report to your lender before you, their first obligation is to them. A claim from your seller is likely to cost them more than a regularisation certificate and they would still have the same problem with any future buyer. So it is unlikely but not impossible that they will pursue this.
Like I said before, if this has been revealed as an issue on your survey, however much you love the property it needs sorting.
Just read the legal report they will provide to you prior to exchange very carefully.
And please don't come back to the thread and drip feed that it is a listed building 😂

Soulrider is correct. Indemnity Insurance is a complete con.

Indemnity insurance is not always a con. It's the worst solution but sometimes the only one. A bit like you could feel a bit conned that you've insured your car for 30 years but never had a claim, or that your life is insured but you haven't died yet

Yep, you've fucked up big time and I appreciate your solicitor's frustration. Agree you've delayed your own purchase (assuming it goes ahead ) and temporarily made the property unsellable - but think likelihood of getting sued remote.

And Millie has it spot on!

But you are where you are, have a good night's sleep and tomorrow row should seem better

Indemnity Insurance is a con (IMO) but my lender has required one for the last two properties I've bought and also for the last two that I've sold. I kind of expect to need one for something if ever buying/selling now!

As much as I don't think they were needed, it satisfied the lenders so therefore was worth the small amount of money it cost to obtain one.

You obviously realise that acting without speaking to your solicitor was unwise, but it's done now. It is likely to cost you in time but hopefully it can be resolved.

Do the vendors know yet?

If the building isn’t structurally sound, you might not want to buy it. So of course you want to check that it meets buildings regs and if it was only done last year and is a supporting beam then it definitely needed sign off. The council can probably come out and check within a day or two. If the vendors are really arsey about it you could pay the fee for that (a few hundred pounds). I think it’s shit advice from a solicitor about wrecking your chances of an indemnity policy. The council would only take enforcement action if it was unsafe and why would you buy it if you suspected it was structurally unsound? Just get the buildings inspector round, no one needs to sue anyone.

Indemnity insurance may well be a waste of time, but is often required in order to obtain a mortgage. It’s a box ticking exercise. At the moment it appears unmortgageable if indemnity insurance is unobtainable.

It doesn’t appear that the beam is unsafe ( op has had a survey, it hasn’t fallen down in many years), just that if it passes building regulations.

I am willing to bet the rest of the house fails all current building regulations due its age and would never pass a building control inspection, but that doesn’t make the house unsafe.

For a different perspective: we were told not to query stuff too much and stir up trouble if we wanted a quick exchange which we needed for school admissions deadlines. Expensive mistake: a loft conversion that’s completely unsafe, can’t be used and will at some point cost almost £40k to sort. I’d rather know and walk away. Definitely don’t proceed without evidence if building regs approval or regularisation certificate!