No restrictive covenant consent or planning permission or building regs

[NoviceBuyer2022]

Hi
We have been all set to purchase our first house a 1970s one , where we faced first hiccup when the title was not clear , it showed another house number on the name of seller !
Waited for this to be sorted and meanwhile asked seller if we can put a planning permission since we planned to renovate the utility and garage to shift kitchen there .
Seller refused and we waited again
Now the conveyancer has come back with all documents and told us that the utility room prepared by the seller within 7 years of buying property has no restrictive covenant consent from builder and no planning permission and no building regs done as well
We are told seller can offer indemnity insurance but of course that means we own the risk since we planned to renovate already
Also no fensa for windows installed in 2011, no boiler , electric or gas certificates
Not sure what to do - any advice ?

It was quite common in the 70s to have windows put in that didnt need a lintel, the requisite support was built into the frame. This can lead to issues when replacing them that people dont always put a lintel in but it should be an easy fix so long as the cracks arent too bad

Exactly, it's quite likely the cracks occurred when the old frames were removed and the opening was not adequately supported before the new ones were put in. Unlikely there is ongoing cracking.

Thank you all
Does that mean it’s fine to proceed with sales with indemnity insurance ?
Any risks or advice for the utility plus garage conversion, we are looking to do?

The garage is single skin so you may well be looking at demolition and rebuild.

I wouldn't be concerned by any of those issues - i'd do whatever inspections I needed to do to satisfy myself the actual building was ok (Gas/Elec checks if you want) and take the sellers indemnity.

@NoviceBuyer2022

Thank you all Does that mean it’s fine to proceed with sales with indemnity insurance ? Any risks or advice for the utility plus garage conversion, we are looking to do?

If you are working in those areas anyway it will supersede any lack of permissions or sign off.

[quote NoviceBuyer2022]@CasperGutman do you mean we should ask for any certificates, when you say concerned about window sign off .
We are told any insurance on windows would be finished since more than 10 years now
Do you think installing lintels now would solve the issue along with redecoration for cracks
Or
Do you think it’s a big issue to leave house?[/quote]
I would only be concerned about the lack of certificates because it is a further piece of evidence, alongside the cracking, that the work wasn't done well. At this point, getting the certificates wouldn't allay my concerns because the existence of the cracking makes it clear that there are problems.

The lack of a lintel on an older property isn't cause for concern in itself because the frame of the window sometimes provided structural support for the masonry above. When these strong frames are removed and replaced with a flimsy bit of upvc without adding a lintel to support the wall above, this can lead to the issues you describe.

You should factor in the cost of removing the windows, installing lintels and replacing windows (either the existing ones or new ones). Based on either your estimate of the cost of these remedial works, you will be able to decide whether it's enough to put you off going through with the purchase.

Obtaining quotes for the work might help you to negotiate the price. Alternatively the seller might look for another buyer in the hope of finding someone less cautious.

So we have had quotes and got the estimates covered already but my query as a novice first time buyer is that if I go ahead with lack of all the mentioned things and do some works , am I taking risks that I should not ?

What risks do you mean? The flaws in the previous work can be fixed as per your quotes. You can apply for pp bit not a forgone conclusion it will be granted. Have other properties already done similar?

My first house had a failed lintel over the back door. It was pretty easy to have repaired.
It also had no roofing felt on the roof ( old 1930s terrace) & you could look up in the loft see the tiles. There was also some question about whether wall ties had failed , but the builder who did the lintel said everything was ok. I never did anything about the roof and it sold without problems a few years later.

Risk of getting asked to strip utility/ new kitchen after putting in many thousands of pounds or any litigation- who knows neighbours did not like garage being converted to kitchen - am at the verge of contract exchange so no time left for pp- so one of the two is possible- go ahead under permitted development rights convert garage to kitchen/ another room
Or
Leave it as it is and wait for pp and then do garage
I am factoring out any risks of utility having issues based on what is said above that it’s stood for long

You can still apply under pd rights for buildings regulations consent or to retrospectively. Enforcement action has time limitations and no council will go back decades. A new planning application is a fresh start. Has any other property nearby converted a garage or extended? Look on streetview if needs be.

So we talked to the insurance company and they said we can apply for planning permission but if there is some action due to that they will not cover that
also the vendor has no intentions of providing things like FEnSa which are available online looking to provide indemnity for that as well

Do you mean the insurance company providing indemnity insurance?

There really is no chance of any council taking enforcement action for work done in the 70s. Similarly, lack of FENSA from 11 years ago is also nothing to worry about, any cover provided would have expired by now.

but the plans we would submit would show the new extension done without planning permission would the council not match it from records ?
what if they did ask to submit a retrospective
for which we would not have any receipts to prove that extension was built when etc

Not back into 1970s. If a few years ago maybe, but even then enforcement is unlikely and would be superseded by the new application.

So we have now found from wiki Bryant homes is now Taylor wimpey
the seller not ready to reach out to them for restrictive covenant consent
thinking to leave the property on this
Aibu?

Any actual building work carried out without PP is exempt from Enforcement action after 4 years. This would be easy to prove just from looking at historical google images.
Unless permitted development rights were removed from the properties when it was built in the 70s, it is extremely unlikely that the utility room would have required PP in the first place.

The only issues of any concern here are the installation of any necessary lintels and having gas and electrical inspections prior to exchange. Nothing else is going to cause you any issues realistically as it's all from such a long time ago.

So quick update
we reached out to Taylor wimpey since seller refused to get us restrictive covenant and they issued a consent for £180/-
as many suggested pp would not be enforceable now possibly so we went ahead with the exchange

LIZS this is what we thought but seller was very much against, then we asked our lawyers as well but seller refused
Refused to allow you to apply for planning permission? I'm confused, you don't need anybody's permission? You don't even need to own the property.

Right @Johnnysgirl but you do need plans to apply for pp so need an architect visit to be allowed by the seller
also you don’t want the sale to fall off since the notification of pp will eventually reach the seller and neighbours .
so technically speaking yes but you also don’t want to spend money if you are not sure seller will continue sale after knowing you went against his wish
does that sound reasonable?

Any advice for good areas to buy property in Coventry.
have seen the ads but all confused since have some concerns about theft or anti social activity or lack of good schools
please suggest based on your experience
things that matter to me :
good area - security
good schools nearby
Strong rental possibility
good connectivity- bus , rail etc
some shopping mall nearby for grocery

please advice