Building regulations on extension

[Sausagefingers]

Looking for some advice please from anyone in the know or with a legal background.

We had an orangery extension built 2 years ago. It is bespoke with solid brick walls, bifold door and a flat box type roof (not a lantern). It is open to the rest of the house and hasn't caused us any issues. No planning permission as not big enough to need it, although I think only just under.

At the time we thought it was all done by the book. We had a build over agreement from the water board and guarantee for the windows and roof. We received a building regulations certificate which I've since realised was for the electrics. I don't appear to have a building regulations completion certificate although I am sure it was inspected at the time.

We now want to move house so I am trying to get paperwork together. Wanted to contact builders to get a copy. Have discovered building company are bankrupt and have since found out they were dodgy. Too scared to call council in case they are not happy with it but need documentation to be able to sell. To be clear orangery houses part of kitchen so can't separate with doors.

Would be grateful for any advice anyone can offer.

No legal expert here but maybe our recent experience helps...
When we sold our house recently the buyers’ solicitor had an issue with the fact that the loft extension had no planning permission. We had been under the impression that this wasn’t needed due to size falling into permitted development. Had used a reputable builder.
Sent the plans to solicitor to reassure that size didn’t go over permitted. Solicitor still had an issue with it as there was no way they could have known whether builder stuck to the plan.

Anyway, they demanded we get an indemnity insurance. Cost us over £300 but meant that we could exchange.
I would discuss with your solicitor. I wouldn’t mention it to the council as this could make the indemnity insurance invalid.

Thanks for the reply. That's reassuring to know that you found a way around it in the end. We have the plans for the extension and all other documents so maybe that would work for us too.

I think I will speak to a solicitor, good tip about not talking to council, thanks.

You may be able to check on line to see what has been granted

Indemnity insurance my solve the problem,but is not a direct substitute for the correct consents.

Given the extension is only 2 years old I would not recommend to a client to accept Indemnity insurance

I would require a cert from the authority if only 2 years ago. It's clearly not ideal to flag it to the council but proably best to get the copy from them. Can't imagine it would be that expensive as it was for your project

OP. You need to separate out the issues. Extensions can be built without planning consent if they are exempt under the rather complicated conditions. That does not exempt them from building regulations.

If the Orangery is classed as a fancy conservatory (some are) it won't require building regs consent as essentially they are classed as temporary structures and as such are also required for the main house to maintain or install external doors as though the building wasn't there. If you have the external doors you may be ok but it isn't certain.

If it is effectively an extension, most orangeries in my experience are as they form part of the house, then it should have been built to building regs standard, ie fully insulated in the floor, walls etc. Windows to Regs standard and in effect to the standard of any other house extension and will be a much superior building to a conservatory. It sounds to me like this is what you have? If so, you need to bite the bullet and get a building regs inspection, especially if you have the electric part p certificate which is simply an authorised an electrical contractor who is able to self certify their work. I don't know anyone who would accept an indemnity policy on a 2 year old building as the obvious question is what is wrong with it then with the worry it will fall apart.

The only issues is with no building regs, the foundations etc won't have been inspected etc. I hope you didn't have any structural work done on the house to make the doors, ie RSJ steels?

Might be worth discussing with a surveyor to get advice first?

Thanks for the advice everyone. I managed to contact the builder we used this morning he said the work was signed off with building regs and the council should hold a copy (not sure how much I trust him though). I do remember the inspector visiting a different points in the build (including the end) so I am feeling more hopeful.

It is a proper extension rather than a conservatory and not separate from our main house.

I have also spoken to our estate agent who put me in touch with a solicitor who also feels confident the buildings regs should be there and will show up in a search when we find a buyer since we have a build over agreement (he seemed to think the build over would have been difficult to get without building regs). We also have the building regulations for the electrics (I don't think it's a part P although not sure) He seemed to think most solicitors would except indemnity insurance if it doesn't show up in a search.

They seem to be advising going to market with it missing and dealing with it if we need to later. I'm not sure I can cope with the uncertainty of it all (not sold a house before).

I don't often contradict a solicitor's advice ,but I would try and find out the position prior to putting the house on the market

Are your local authority records public? Most are for planning and building control. If so, you can look online to see if the building control application number is there and whether the completion certificate was issued. From what you have said the inspector came around and did the various inspections at relevant times which would mean that all the fees were paid.

Planning records are public but we didn't need planning. Building regulations don't appear to be public. I have queried the solicitor's advice with him and asked him what would be the implication of me approaching the council. I am nervous of proceeding without clarification but estate agent and solicitor did not think it would be a big issue.

Which council
Most building control permissions are available on line

We didn’t have one, I phoned the council they emailed me a copy. Simple.

Your sol will advise you to offer an indemnity policy for lack of building regs. Shouldn't be as expensive as the other one mentioned up thread. Often under £100.

@MinecraftMother that's exactly what the solicitor said, he quoted £92 for indemnity if building regs don't show up on search.
Am wondering if he can do a search for us on our own home to check.

As it's the weekend I can't do anything now, I doubt solicitor will reply until next week and council shut so won't be able to phone building control either (probably a good thing for now but very tempted to!)

We are in Wales, not sure if that has anything to do with building regs not being accessible online.

Google planning portal for your LA. Ours also shows building regs

@MinecraftMother, true, the indemnity policy for lack of building regs should be much cheaper; we were quoted around £50 if I remember correctly. We did have building regs though; it was the lack of planning permission that required the indemnity insurance. Which was much more expensive. It really depends on which one (or both) the OP may need to get, if this is indeed the route she will be advised to go..

We also just bought indemnity insurance to speed the sale in a similar position to yours. Less than £100. To be honest, the sale was so far through that the buyers weren't going to pull out.

@SauvignonGrower thanks, that's reassuring.

I do really want to find out so we know what we're dealing with though. We didn't need planning permission as the size of the extension was small enough not to need it. It's the building regulations completion certificate we are missing. I think I stupidly mistook the building regulations certificate of compliance we received at the end of the build for the electrics for it and therefore didn't chase it (feel really stupid about this now)

I live in Wales and have checked building regulations are not in the public domain.

I'm going to speak to our solicitor tomorrow and see if they can find out for me without preventing the offer of indemnity insurance later on if needed.

Op I believe once the council are notified then you cannot purchase indemnity cover? However, based on it being two years old I would pursue it with the council and regularise the situation.

You should be able to approach the council on a hypothetical basis ie in the situation what would happen
You can't say it's about my house at 2 High Street as then you can't get indemnity Insurance
I would not recommend to a client that they accept indemnity Insurance in these circumstances

@user1487194234 I think you're right, if I was a buyer it would definitely stop me from proceeding with the sale, especially as the extension isn't 3 years old yet.

I was wondering if the solicitor would be able to do a search on our behalf. He mentioned that when we get a buyer if the building regs didn't show up on their search then he would offer indemnity insurance. So surely the search he mentioned wouldn't invalidate it. If he could search on our behalf and it shows they are in place I could then approach the council for a copy without worry.

He said if I approach the council and they aren't there they are likely to pursue retrospective building regs and this will probably have a long wait coming out of a pandemic.

We need to move fairly swiftly, we love our house and are only moving due to a school issues (long story and a bit outing) but bottom line is we need to be in new place within the next 15 months. Realistically we are going to be pushing it anyway, if we don't get a buyer we'll take the house off the market and stay put.

Obviously I'm very concerned about the lack of building regs regardless but I think I'd rather know where we are before we get a buyer as I can see this slowing things down or causing a sale to fall through.

Yes a search against the property is different from going to the council and saying I haven't got the completion docs