How to prove a non-load bearing wall

[Rubyrecka]

Our builder has verbally confirmed a wall they removed 10 years ago was not load bearing and provided measurements and previous floor plan but our solicitor is asking to prove it was a non-load bearing wall as we are selling. Is the builders confirmation , measurements and floor plan enough to satisfy this?

If anyone has any constructive feedback would be appreciated.

Surely the only way is to see if there has been any beams or lintels put in place of the wall

@Senorasurf
Thanks for your reply but it doesn’t really help with my question. The wall has been knocked straight through there’s no beams visible etc. The builder has confirmed it’s a non load bearing wall so I am assuming this would be proof enough for the buyer solicitor …

Is this a question from tbuyers? Go back to them and ask specifically what it is that they would consider to be ‘proof’.

Then when they ask fir something daft or impossible, provide the confirmation from the builder and tell them that’s all they’re getting.

@KleineDracheKokosnuss it’s actually a question from our sols in anticipation of being asked by the buyers sols. They’ve also asked for the Fensa window certification but these were installed prior to our purchasing the house, by the previous owner. I was surprised we needed to supply and pay for the copy certificates if we didn’t install ourselves

Did the work have to be signed off by building regs? Is there a building regs certificate?

Re. Fensa, IIRC the guarantee lasts ten years, so if the windows are about the old or older, just say they are no longer covered.

If you had a wall knocked down you should have gone through the building regs process and have a certificate to prove this , this is the reason this process exists.

Fair enough. No is a valid answer though, and if building certs are all fine it shouldn’t be an issue.

My answer for my buyers to ‚please provide the fensa certificate‘ was „no, i don’t have it“. And when I was asked again, „still no“. Then finally „which part of no is it that is not being understood?“

Happily their tick box solicitors got the message at that point.

@Cupcakegirl13

If you had a wall knocked down you should have gone through the building regs process and have a certificate to prove this , this is the reason this process exists.

Not necessarily.

Anyway, if the work was done more than 12 months ago then the council can't do anything about it. You may have to stump up for am indemnity policy for a few pounds. We removed an internal wall and just told buyers solicitors it didn't require regs as was non load bearing and they accepted it happily.

Same with Fensa/certass certs. Just say you don't have them if you don't.

@MaggieFS @Cupcakegirl13 as my post states the builder identified the wall as a non load-bearing wall - the removal of a non load-bearing wall does not require the submission of a Building Regulation application. The query was around how to prove a non-load bearing wall in respect of house sale and if the builders confirmation would be sufficient

Surely the only way is to see if there has been any beams or lintels put in place of the wall

Hmmm that is not always the case. Just because a wall is not load bearing does not mean the builder will omit a beam or lintel. Sometimes they are still worth putting in to support whatever is above, even if what is above is not defined as a 'load'.

Can you ask your local building authority if they have the original plans?

Yes, I'd read your post but I wasn't sure if it was part of wider works which is why I asked if it did need to be signed off 🤷‍♀️

As a buyer, if I was told it was non load bearing and therefore there is no building regs cert or other paperwork, then I would expect my surveyor to corroborate that, to the best of their ability.

As a vendor, I would say it was non load bearing therefore there is no certification and direct the buyer to their surveyor.

Ok, so how far down this rabbit hole is your solicitor going to go? If the builder said it's non load bearing (and you can usually tell from the floor plans because it is common sense) then that's as far as you need go. Fensa is something else - all renovations must have certain approvals and certificates when they were done, and it gets passed on to new owners. It's up to the buyer if they want to accept the lack of these - The council is not going to come knocking if you don't have them, but you don't want an extension developing structural issues, for example.
I'd not worry too much about fensa, though it will be an issue when you sell. I had to pay for an indemnity on my windows as I didn't have it.

I'd be inclined to point out that as the house is still standing and no reports of it disappearing into itself the non load bearing wall query is self proving.

Invite the buyers to send round a structural engineer?

After ten years if it’s not fell down or shows any sign of movement then common sense says it’s not load bearing .

If there is no wall continuing above it , surely that is proof that it's not load bearing?!

What’s above it?
If it didn’t need a beam of some variety to distribute the load through other walls then I’m that’s sort of it?

Where are the load bearing walls? What way are the joists orientated in relation to those load bearing walls?

I meant you could start ripping up carpet and plasterboard but.. isn it necessary?

Hmmm so we’ve just bought a house that’s had some work done and there were very varying acceptance levels between our solicitor and sellers solicitor. I think you need to give your solicitor what you have and let them turn it over to your buyers. They may well accept the builders say so, but with a complete spectrum of competency level with builders, they might want a structural surveyor/engineers word on it.

Ours was a slightly different type of work, but our solicitor would t accept anything other than structural engineers report.

Unnecessary *