Lack of building regulation certificates. Should we buy?

[littleCupcake123]

We’re first time buyers and our offer on a terraced house in South London was accepted. The seller does not have building regulation certificates for a chimney breast that was removed and a repositioned staircase (which does not meet current building regulations as the pitch is too steep). The works were done in the ‘90s. The structural survey noted no significant repairs needed but obviously the surveyor did not open up the structure of the chimney. The seller offered to pay for indemnity insurance but clearly this doesn’t cover any future buyer pulling out when we’re looking to sell again.

I know indemnity insurance is very common but it doesn’t really address the issues. What do you think we should do? Do you think these issues are deal-breakers?

You can either go for the indemnity insurance or get BR to visit and confirm if it's ok. If it was signed off at the time then BR will have the record.

If you're already thinking of when you move again, how much do you actually like this house?!

You could argue that work done previously will never meet current regulations. Things were done on our house in the 60s and 70s, and probably the 1860s and 70s as well that wouldn't meet current regulations and might not have building control records, because they were done so long ago.

We took the long view and bought the house. We still own it and haven't changed anything to current regs.

@Loofah01
@thegcatsmother

thanks both for your answers! one more question actually: do you know if lack of building regulation certificates would be a problem for buildings insurance? our solicitor said it should not, but that's not quite the same as will not. any thoughts are appreciated

We bought a house like this - chimney breast removed in the 80s/90s. It's not affected buildings insurance.

Nope, it doesn't. In an older house like mine (built in 1835), we couldn't be expected to know all the building bits that have been done over the decades; and those done in the 1970s and 80s were too far back for anyone to worry about.

I had to try to find BR proof when we remortgaged in 2006, but the stuff was on fiche and not digitised, so I supplied the best proof I could, and said that was as far as the paper trail went, and the surveyor had to be satisfied with that.

@thegcatsmother

You could argue that work done previously will never meet current regulations. Things were done on our house in the 60s and 70s, and probably the 1860s and 70s as well that wouldn't meet current regulations and might not have building control records, because they were done so long ago.

We took the long view and bought the house. We still own it and haven't changed anything to current regs.

You're not looking for current approval from BR, only that some form of sign off occurred at the time the work was completed. Best you can hope for is a record, failing that someone to give the nod that it is structurally safe. The simplest get out for these circumstances is the indemnity insurance.

I would insist either the problem is rectified before dale by vendor or price reduced to reflect bedroom at top of stairs is not in fact a bedroom as does not meet building regs. Is there even a fire door/escape. I would not buy house otherwise as you will have problem when you come to sell. if house has four bedrooms but 1is in fact illegal then house can only be marketed as three bedroom. Mortgage as well as insurance could be an issue.

Top of stairs could just be a walk in room in the attic like ours though Caring. All the bedrooms are on the first floor, the attic and the attic room are on the second floor. We've used it as a study, a lumber room, and it will be my sewing room when we've unpacked from moving back in from abroad.

I’ve had this issue in every house I’ve bought and sold. With older terraces it’s likely to be an issue for most. If the chimney hasn’t fallen down in the last 20-30 years I’d have no concerns.

And I’ve never had a problem with building insurance.

In my current house we’ve done work for which we got no building regs sign off including a chimney breast removal. Builder said it would be fine and proceeded to get out the sledge hammer. I’m sure if we sell I’ll need to buy a dozen indemnity policies.