No building regs certificate

[Loopyteddy]

Ok so we are quite far into buying and selling. The only thing we are waiting for is some building regulation certificates for some home improvements that have been done at the house we are buying.
It has come to light they don't have any.

They had a toilet and basin put in (and drainage) in an under stairs cupboard and made the kitchen larger by knocking down an internal non load bearing wall.
This work has been completed in the last 2 years.

I understand about indemnity insurance and what that entails. However we would want to sell again when our children are grown/bigger. I'm not sure if I want the headaches and sleepless nights trying to sell it in the future.

If we don't proceed we will have to move into rented accommodation as our buyers are worried about their mortgage offer running out. Plus we don't want to keep them waiting much longer anyway.

Does anyone have any advice?
Would you walk away from this house?

I agree, given how recent the alterations were carried out I wouldn't even be discussing indemnity insurance.

I would be insisting the vendor gets the council out. It is relatively common that inspections do take place, but the visit prior to the final sign off never happens.

Even if no inspections took place it sounds like it might be relatively easy in this case for a building inspector to confirm what was done, and hopefully to issue a certificate.

In our old house we had knocked down an internal non-load bearing wall to make a kitchen diner. We never applied for building regs as there was no need to put in a steel. Our buyers' solicitor never asked for building regs either and they were super thorough on pretty much everything else.
If the house is great in every other aspect and it's hard to find something else I would probably still go for it. There may be a way to apply for retrospective building regs.

You don't need building regs for non structural wall removal. It is easy enough to get a regularisation certificate for the loo though. Tell them to get it done. We had an inspector out in a couple days.

Nothing was actually picked up on by our solicitor. We paid for a more thorough survey and they picked up on it. Otherwise we wouldn't have known.
It's made me feel really deflated as I really love the house and it's perfect for our family right now.
How long could it take for them to sign it off retrospectively? Do you know if it takes a long time?

@Livingintheclouds
Ok because on our survey paperwork it says we need a certificate for the removal of the wall? I presume it's non load bearing as it's actually in a room with a flat roof.

Ask the surveyor to clarify whether he knows the removed wall was load bearing. If it wasn't then building control don't need to have signed off on it.

In our area (SW) building control are super busy and you would be unlikely to get anyone out this side of 6-8 weeks.

I wouldn't be fussed about building regs for a non load bearing wall. The toilet I would want a regularisation cert really though. Although in the interest of time (if your area is as busy as ours) I would accept an indemnity policy. That's a perfectly acceptable compromise imo.

I doubt they will come out for work 2 years ago, l think it's unenforceable after 12 months.

Also l had a load bearing wall removed and the structural surveyor said we didn't need it to be inspected separately. So not sure it's cut and dried.

Get someone independent to look at the loo and make sure the drainage has been correctly connected.

I’m not sure you need building control for the drains, they do check for the ventilation and you need a cert from the electrician for any wiring that has been done.
As you haven’t bought the house yet you could just ring up building control and ask them.

@mayblossominapril

I’m not sure you need building control for the drains, they do check for the ventilation and you need a cert from the electrician for any wiring that has been done. As you haven’t bought the house yet you could just ring up building control and ask them.

Not good advice as the OP won't be able to get an indemnity if she's notified the council they haven't signed off on work which Building Control should have been notified of. The indemnity protects against enforcement action by the council, but not if you tell them about the work needed before you've taken out the policy!

If it was a full extension I'd be wary, but I wouldn't lose a house I live in respect of a toilet and none load baring wall. Get the indemnity.

@LadyTiredWinterBottom2 - again, not good advice. Building Control can enforce up to ten years after the work has been carried out.

We had to get final sign off for the removal of a load bearing wall about 2.5years after it was completed as we realised we didn't have the certificate. Building Control had inspected before any work took place and once the steels were fitted but before the plasterboarding and plastering, it was just the final visit that hadn't happened.

Get a quote for indemnity insurance and ask the vendors to pay for it.

Thank you all for your responses we are hoping they will get indemnity insurance for us.

How much would it cost you to get the loo brought up to scratch if it didn’t eventually pass a retrospective certificate?

Possibly less than starting again on sale costs and rental.

@MarianneUnfaithful yes you're right.
I think we are perhaps being overly cautious

It depends if the op isn't going to buy the house without the building regs she may as well ask the council.

In this case the changes are so minor that i'd ask the sellers if they can sort it out, but prepare for them to just get an indemnity.

Definitely talk to your surveyor about why the wall removal needs building regs - our house had a wall removed but the surveyor said it didn't require building regs because it wasn't load bearing.

We bought a house that was similar - no building regs certificate for a kitchen extension completed over 15 years ago and a ‘loft conversion’ 2 years ago. We got a few thousand knocked off as the loft could never be used as a bedroom - which we were fine with as we only wanted it as a home office, and the vendors purchased an indemnity certificate. If we ever move, we will buy a new indemnity certificate when we put the house on the market.

The indemnity doesn't protect you from a lost sale years down the line when your buyer pulls out as there are no certificates.

Don't buy and make this your problem, make the owner sort it out with the council.

@Soontobe60 hopefully your future buyer accepts that indemnity. Many wouldn't, especially as it doesn't protect from shoddy building work. A loft conversion done so recently, without sign off, indicates poor work that may be unsafe.

I would pull out unless they can produce the certificates.

Honestly this is a non issue. I have bought several houses with this problem. We just got indemnities, but it’s basically just a box-ticking exercise. If the work has not been done to standard, after 2 years it should be clear to a surveyor that there are problems. If it appears structurally fine to the surveyor it probably is.

[quote PragmaticWench]@Soontobe60 hopefully your future buyer accepts that indemnity. Many wouldn't, especially as it doesn't protect from shoddy building work. A loft conversion done so recently, without sign off, indicates poor work that may be unsafe.[/quote]
Well it won’t be my problem as I intend to live out my days here. We’ve had the house checked over by a trusted builder and he thinks it’s been done well - replaced joists etc - just doesn’t have a building regs compliant door so can’t be designated as a bedroom. Building insurance are happy with it as long as it’s not used as a bedroom - which it isn’t.