Would you buy this house ?

[Theeasypeasywoman]

Would you buy a house without these documents ? The seller is unable to provide us following documents and we are in a bit of worry if we should go ahead or not. The house is nice and has everything we need but Its not the best house we have ever seen. We are just worried about the resale.
The documents missing are :

1. Building regulations approval certificate for 1st floor extension and rear extension done in 2006. (planning permission was approved and got that document from council website)
2. Boiler gas regulation certificate. The seller has no idea when was the boiler installed. (they have provided boiler service record)
3. we are already getting indemnity insurance policy for missing deed and covenants consent for extension from the seller.

What are your thoughts about this ?

I'd have a full valuation done and then decide. None of this things would put me off as long as the valuation came back ok.

Can't you just get the building work and the boiler inspected now?

I would want to know more about number 1 as that would make me a little nervous Number 2 wouldn't bother me as that's an optional extra really, especially as you have the latest service documents. We didn't have ours, but did have the service records and our buyer was happy with that. Number 3 you'll have protection against so that also would be ok with me.

Depends. The gas boiler can be serviced and checked so that wouldn't bother me at all. And the extension depends on what a survey may say. They may have had building control out throughout the build but missed the final sign off - it happens.

I'd want 1.

That's fairly crucial, imo. I don't want to discover that part of my expensive new house doesn't meet building regulations. I'd also be very wary as to why they don't have it. They got planning permission - but there appears to be no guarantees that they actually built it to the necessary regulations. If it doesn't comply with building regs you can be forced to take it down/open up the walls to check electrics, etc.

The building reg document certifies that the extension was built according to the permitted plans and standards so it's REALLY IMPORTANT. You can easily check with the Planning dept, if the work passed inspection. If it did, you can get a copy of the certificate from them.. If it didn't, then you need to know why.

  If you are applying for a mortgage the lenders will expect the  building inspection certificate to be in order.  If you buy for cash and ever want to sell,  your buyers will face the same issue.

Personally I would be very wary about not having building regs, particularly for a first floor extension. What happens if it’s not been done right and something needs to be re-done? Can you afford that? If it was a small ground floor addition or I was a builder I might think differently.

Just tell the vendors they need to obtain these documents for you. I don't think I'd want to take a chance.

You can obtain number 1 from the council (I had to for something that was done prior to my ownership) so, yes, I would want it.

Wouldn't bother me. The boiler isn't an issue at all, a lot of sellers don't have up to date boiler check docs, and the extension can be checked with the council.

The first one might be a deal breaker but a boiler with safety check history would be fine.

2 & 3 wouldnt bother me.
1 would definitely, but you should be able to get confirmation directly from who did the building regs (usually the council but not always).
My sister has just bought a house and the sellers didn't have any building regs paperwork for the extension (it was done before they bought it). Her solicitor enquired directly with the council about the certificates when doing the searches etc and she was able to get them this way.
I would speak to your solicitor and get them to enquire with the building regs department and then see where you stand. However once you've done this I don't think you will be able to get an indemnity policy to cover it as youd have already told the council.
Good luck

Thank you for your replies. Ehat are your thoughts on if we should accept indemnity insurance for missing building regulations certificate or building regulation certificate is the only way to go forward? (extension was done 14 years ago)
Just need your opinions as we are FTB. Thank you all

Indemnity for building regs, yes. Not worried about the other things.

If you’ve already approached the council about lack of building regs, any indemnity policy would be invalid.

I still dream about the house we didn't buy, it didn't have the proper paperwork for the loft extension. I'd be ok about the other two.

@Theeasypeasywoman indemnity insurance only protects against the council taking action against you. It doesn't cover you if there's something actually wrong with the build that needs sorting.

Building regs are not going to chase you for an extension done that long ago - they couldn't care less after that amount of time. But do you? Can they show you the structural engineers report? Is there evidence of a RSJ where the wall was taken down? Someone could come look at it, but without the staged inspections aren't going to be able to tell about foundations and supports.
Mind you, building regs constantly change. My roof underside was exposed during an inspection for our extension and the building regs guy made a comment that the rafters were thinner than required now. As we weren't doing anything up there (ceilings needed replacing, not the roof) they could remain as they were - and after 150 years of holding up the roof I'd say they were fit for purpose.

1/ The council/ building control should have record of the completion certificate if it was completed and signed off to building regs satisfaction & should be able to provide a copy

2/ boiler will be fine if they provide an up to date service cert , this is quite normal

3/ mostly covenants are really quite historical and many of the people / companies that are stated that permission needs to be obtained for whatever are often long gone , dissolved, dead, retired etc , quite usual to get an indemnity policy to cover yourself

Possibly as FTB you may be getting cold feet as the date of completion nears and without realising it you are finding reason to back out

How do you know the extension was built according to correct building regs? An indemnity doesn't help you fix it - just covers legal costs in resolving the documentation - and it's possible the insurance is invalid if there are fire regulation breaches.

If it was a single story I was tearing down anyhow, I'd consider it. Otherwise no.

The extension has been standing for 14 years...
Presuming there's no obvious defects with it; cracked walls etc, & also presuming it visually appears at least have been build to a good standard - quality roof construction etc, then I'd get the indemnity policy & proceed with the sale.

The other issues are normal & no problem.

An indemnity policy is a useless bit of paper, only get one if the lender insists.

It would also be invalid due to already involving the Council.

The Council would only ever act if it was a danger to life, they will never come knocking,

If it’s been fine with no issues for 14 years then it’s not going to fall down now.
The boiler is a non-issue. It’s been maintained.

we just spoke to the seller and we have been told that there was no building regs certificate when they bought the house and they got indemnity policy for that. Planning permission was approved and got that document in place. The extension is really good quality and modern and standing since 14 years and its 1st floor extension with master bedroom and ensuite. so our option would be to get the indemnity policy if we go ahead.
Thanks everyone for your replies.
Has anyone here accepted indemnity policy for building regs that was done 14-15 years ago?

Councils can only enforce up to 12 months, unless it’s a dangerous structure.