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Original poster

No building regs, about to pull out

118 replies

IHeartNiles · 27/11/2020 14:07

2 months in to our purchase and enquiries have finally come back to show no building regs on the large extensions that make up approx half the house. Extensions only a few years old, appearance is good but who knows. Apparently vendor in some sort of dispute with the building company. Offering indemnity but that’s not going to be of any use if the building needs work or god forbid replacing. Not even sure if our mortgage lender would agree to loan on it and solicitor would be obliged to tell them.

What a pain in the arse. Will now have to look for a rental as really want to complete on our sale.

Anyone have any experience, reassure me we’re doing the correct thing.so pissed off. Am trying to think how we could get an alert on this sort of thing in the future, I guess ask the sellers to see the paperwork upfront.

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SilkieCat · 27/11/2020 14:28

I would pull out. I'm selling atm and I provided all our paperwork with the property information form. If its not on it in future ask your solicitor to ask for it though they should do that as a matter of course but they wouldn't know until alerted to fact there's an extension.

Does it have planning permission and correspond to the plans? A surveyor would be able to say if its safe. Though it all sounds more hassle and risk than its worth.

OUB1974 · 27/11/2020 15:11

I would 100% pull out. Or reduce your offer to what it would cost to redo them.

We have been in a similar situation, although now it seems that the paperwork does exist. Next time we buy a house, if any work has been done, we will make our offer conditional on all paperwork and permissions being in order.

BloodyCreateUsername · 27/11/2020 15:16

I’ve bought with indemnity insurance before.

You may be able to use this to your benefit and renegotiate on price. You could also have a surveyor round to assess whether it’s structurally sound, you don’t need to share the results of this with the sellers.

In my local authority, if the building has been up for more than a year the LA cannot ask you to take it down unless it is considered dangerous.

I wouldn’t write it off totally

BloodyCreateUsername · 27/11/2020 15:17

Sorry pressed post by accident!

I wouldn’t write it off totally if you’re happy with the property & price.

Indemnity should also cover you in the event of the LA wanting you to take it down.

BloodyCreateUsername · 27/11/2020 15:18

Also, I’m quite sure that if you’ve increased your floor space by 50% with an extension you need planning not building regs.

Original poster
IHeartNiles · 27/11/2020 15:23

@SilkieCat

I would pull out. I'm selling atm and I provided all our paperwork with the property information form. If its not on it in future ask your solicitor to ask for it though they should do that as a matter of course but they wouldn't know until alerted to fact there's an extension.

Does it have planning permission and correspond to the plans? A surveyor would be able to say if its safe. Though it all sounds more hassle and risk than its worth.

Thanks. Yes told solicitors from the outset about the extension (they had planning persmission which we discovered early on) and the solicitor has been pushing for the regs paperwork via the enquiries forms - but although other enquiries came back these did not- until yesterday. They were obviously trying to take us down a path where it would be so far into the process we would just shrug and accept it. Very underhand.

It fits with the planning permission. We know someone quite high up in building control and they said we could inspect it with bore holes and uncovering steels but even then wouldn’t be able to get retrospective building regs and would still have the selling onwards issue. So it’s a no go unless he can resolve whatever the dispute is he has with the builders and release the paperwork (if any regs were even done).

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Original poster
IHeartNiles · 27/11/2020 15:25

@OUB1974

I would 100% pull out. Or reduce your offer to what it would cost to redo them.

We have been in a similar situation, although now it seems that the paperwork does exist. Next time we buy a house, if any work has been done, we will make our offer conditional on all paperwork and permissions being in order.

Yes same, next time I would ask to see it at the point they accepted my offer. Lesson learned. It’s just such a simple and important process not to have been done seems crazy.
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Legoandloldolls · 27/11/2020 15:25

Yes pulling out is the right thing to do here. I had a architect and then building regs before we got planning in. Then the regs was signed off before we did the final fix.

I put a offer in on a victorian house that had a load bearing wall removed. No planning came out on a highest level building survey. So in weeks not months

Original poster
IHeartNiles · 27/11/2020 15:26

@BloodyCreateUsername

Also, I’m quite sure that if you’ve increased your floor space by 50% with an extension you need planning not building regs.
I suspect it’s under 50%. It has planning, we just don’t know if regs were granted, or even what stage they got to (if done at all).
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Original poster
IHeartNiles · 27/11/2020 15:29

@BloodyCreateUsername

I’ve bought with indemnity insurance before.

You may be able to use this to your benefit and renegotiate on price. You could also have a surveyor round to assess whether it’s structurally sound, you don’t need to share the results of this with the sellers.

In my local authority, if the building has been up for more than a year the LA cannot ask you to take it down unless it is considered dangerous.

I wouldn’t write it off totally

It’s more the selling onwards that I’m worried about. And not being able to know that foundations were adequate, steels in the right place and so on.
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Original poster
IHeartNiles · 27/11/2020 15:31

I would have accepted indemnity on a small extension. But not a double and single storey massive extensions. It’s too risky. And then difficult to ask a future buyer to accept.

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NothingIsWrong · 27/11/2020 15:34

@BloodyCreateUsername

Also, I’m quite sure that if you’ve increased your floor space by 50% with an extension you need planning not building regs.
You need both. Planning deals with if you are allowed to build it or not, building regs makes sure it's built properly
PresentingPercy · 27/11/2020 15:36

Planning permission is not required if a load bearing wall is removed. Building regs is to ensure the beam is the right size. BR should also visit to check installation of the beam. If not installed correctly they can fail in a fire.

Also surveyors cannot, on an initial visit, determine safety of a building. You are correct that foundations would need to be checked and how the extension is married to the existing building. The roof should be checked too. I cannot see why anyone wouldn’t get BR approval on what is a 100 per cent enlargement. It’s utterly foolish as is the dispute with the builder. All these aspects make it a mistake to buy it. So pull out.

joystir59 · 27/11/2020 15:36

We had a load bearing wall removed but had no building reg certification so when we sold the house we had to pay for an indemnity- which only insures against the risk of the work being challenged by the local council, it doesn't cover you for the work being faulty in any way

pinfloy · 27/11/2020 15:50

A large 2 storey extension just a few years old with no building regs would definitely have me running. Indemnity is a waste of time as the worry isn't that building regs will enforce, but that things haven't been done to the required standard and you find out that the extension hasn't been tied into the house properly or something. It's hard to retrospectively prove if things have been done correctly without a destructive survey.

Is there no evidence of building regs at all, or just no completion certificate? I might be more flexible if the latter and a building inspector has been involved along the way but there's something holding up the completion certificate.

pilates · 27/11/2020 15:56

It’s up to the sellers to correct the position. They need to rectify the position ASAP as they have an unsaleable property as it will keep coming up. I would not commit to buy it without it being thoroughly checked by a professional.

Original poster
IHeartNiles · 27/11/2020 15:58

Exactly. I agree with you all. He needs to provide the paperwork. I don’t think he will. So we pull out. A shame at this late stage. Just have to scramble for a rental now.

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Original poster
IHeartNiles · 27/11/2020 15:59

@pinfloy

A large 2 storey extension just a few years old with no building regs would definitely have me running. Indemnity is a waste of time as the worry isn't that building regs will enforce, but that things haven't been done to the required standard and you find out that the extension hasn't been tied into the house properly or something. It's hard to retrospectively prove if things have been done correctly without a destructive survey.

Is there no evidence of building regs at all, or just no completion certificate? I might be more flexible if the latter and a building inspector has been involved along the way but there's something holding up the completion certificate.

No evidence that we’ve seen or been able to find. I suspect either not done or the builders are withholding it from him until he pays them what I suspect he owes them.
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LividLaughLurve · 27/11/2020 16:02

I’m so sorry, this is my worst nightmare as we’re waiting to see documents on our purchase.

You are doing the right thing to move into rented and protect your sale.

Original poster
IHeartNiles · 27/11/2020 16:07

@LividLaughLurve

I’m so sorry, this is my worst nightmare as we’re waiting to see documents on our purchase.

You are doing the right thing to move into rented and protect your sale.

Thank you that’s kind. I feel weirdly calm about it all, bit pissed off. Just seems a stupid thing to have let happen after they spent so much money on the place. Really high end kitchen, bathroom, finishes, orangery, landscaped garden...
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Ariela · 27/11/2020 16:09

Can you find out who the builders were and find out of they HAVE got the paperwork and if so how much ££ is owed. And if they'd accept the ££ for the paperwork and release it to you if you bought. If so would the seller accept a reduction of ££x 2 (negotiate) provided an indemnity policy is in place....that's about the only way I'd agree to buy.

Floralnomad · 27/11/2020 16:14

Can you not just ring the local council to find out if the building regs were actually done , when we had our extension we parted way with our builder midway through and I dealt with the building inspector person at the council ( and took loads of photos as stuff was done for evidence ) .

pinfloy · 27/11/2020 16:16

It may be a private inspector rather than council building regs but there should still be some sort of record, but council unlikely to hold any detail if a private inspector

Original poster
IHeartNiles · 27/11/2020 16:20

@Ariela

Can you find out who the builders were and find out of they HAVE got the paperwork and if so how much ££ is owed. And if they'd accept the ££ for the paperwork and release it to you if you bought. If so would the seller accept a reduction of ££x 2 (negotiate) provided an indemnity policy is in place....that's about the only way I'd agree to buy.
Yes we’ve asked them to put us in touch with the builder. That might be the only way it can be resolved. The estate agent seems to think they will just find another buyer who is willing to accept it. But I can’t see that.
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Original poster
IHeartNiles · 27/11/2020 16:22

@Floralnomad

Can you not just ring the local council to find out if the building regs were actually done , when we had our extension we parted way with our builder midway through and I dealt with the building inspector person at the council ( and took loads of photos as stuff was done for evidence ) .
We can see from the council page that they started a building regs application on one of the extensions but then the trail goes cold.
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