Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

What would you do? Lack of building regs

51 replies

LGY1 · 28/09/2022 16:42

Received attached letter from solicitors. Still waiting for them to call me back.
Sellers are saying they hold indemnity insurance from when they bought “so it’s all ok” but I don’t think that puts the issue to bed for me.
I was thinking we were about 3 weeks from moving so head is a total shed at the moment!!

Is this really bad? Should we accept the insurance? What would you do?
Ive told our solicitors we want retrospective sign off, but not heard back

What would you do? Lack of building regs
OP posts:
Original poster
LGY1 · 28/09/2022 18:09

I’m also worried about future buyers re-negotiating!
unsure whether we should just accept the indemnity or accept it & also re-negotiate!

OP posts:
Original poster
LGY1 · 28/09/2022 18:27

Thank you for all of your replies. It’s reassuring that most think it isn’t a show stopper

OP posts:
HavfrueDenizKisi · 28/09/2022 18:35

Honestly you're overthinking.

Survey was fine. Structure was fine.

Indemnity insurance covers the incredibly small risk that the local council will take enforcement action.

I've bought and sold properties and taken this insurance out. It's pretty standard on any old house that's had work done on it many years ago.

If I remember correctly building regs certification only came in around the early 1990s so your house conversion may predate this.

If you had a good survey by an experienced surveyor and they weren't worried about the integrity of the building then crack on.

When it comes to selling you point out all the above to buyers. If they try to negotiate tell them to jog on.

AdmiralJaneway · 04/10/2022 20:37

Just be prepared for what you might find further down the line!! I bought my house 6 years ago and the sellers had to take out indemnity insurance as no building regs or planning permission found for an older extension. All was seemingly fine until I started to renovate - the hidden surprise was corrugated iron found to be supporting the subfloor!! The indemnity insurance is no help there!! You could always ask for a really stringent survey that looks far deeper but the sellers may not allow that level of access.

What would you do? Lack of building regs
FurierTransform · 04/10/2022 22:05

30 year old work...I wouldn't be concerned at all really and would just do whatever is cheapest to make the sale happen, probably another cheap indemnity like the previous buyers.
Getting the sellers to get it retrospectively certificated now pre-sale isn't going to happen.

As always, satisfying yourself that there are no major issues with a survey is the most important thing.

SpidersAreShitheads · 05/10/2022 02:38

GroggyLegs · 28/09/2022 17:12

30 years old?
I would take the indemnity & not give it a second thought tbh.

Problems would have emerged by now.

Absolutely this.

Your survey confirms there are no glaring issues with the quality of the build, and from your description it all seems to have been done properly, bar the final sign-off.

If there were going to be any major problems with the construction, you'd know by now. Equally, it's very unlikely that the council will give a toss about something that was built three decades ago. I think I even read somewhere about a time bar on available enforcement action so you might even find they couldn't take action if they wanted to! Take out the indemnity and relax. That covers you for the tiny possibility that there might be an issue.

FWIW, we've just bought a property which was also quite unique that we didn't want to lose. We were in a similar situation with a converted garage/side extension from 2005. We took the indemnity policy because we'd had a level 3 survey and felt comfortable there were no nasty surprises.

As a PP said, it's actually pretty common and not worth losing a dream house over. The most important thing is that it's structurally sound, and you seem very comfortable with that - I'd proceed with the indemnity.

pilates · 05/10/2022 05:51

What did you decide op?

I would want it signed off - relatively cheap and easy to do.

Oblomov22 · 05/10/2022 06:01

How easy and how costly is it for you to resolve, and get retrospective?

Orangesare · 05/10/2022 06:09

I would proceed. It’s been 30 years, issues would be obvious by now. The inspections may have been done but not the final inspection and certificate issue
Thr last house I sold had a 1980s extension and they buyers want the building regs certificate. Weirdly I had evidence that the certificate existed at some point and they settled on that eventually and bought an indemnity to go with it.
If the location and space is important to you, you will just have to go for it.

pilates · 05/10/2022 06:53

“How easy and how costly is it for you to resolve, and get retrospective?”

I imagine it would vary between Councils but a couple of hundred and within a week.

Roselilly36 · 05/10/2022 07:18

GroggyLegs · 28/09/2022 17:12

30 years old?
I would take the indemnity & not give it a second thought tbh.

Problems would have emerged by now.

This ^

mondaytosunday · 05/10/2022 07:57

Even though building reg certificates were issued then it wasn't part of the usual conveyancing inquiries.
Indemnity isn't worth the paper it's written in at that a stage - I've heard from a council officer that they couldn't care less after 12 months!
After a proper survey, if all well, I'd have gone ahead.
Hope the OP is about to move in!

Lunar270 · 05/10/2022 08:13

Everyone is talking about structure and I'm a structural engineer, so is naturally my concern. However, regs don't just cover the structural aspects and govern materials, work, ventilation, drainage, construction etc. etc.

Not all architects are equal so they may not have sought the services of a structural engineer. Also, what's standing after 30 years, might not be standing after 40. A house should be standing after hundreds and the regs are supposed to safeguard this.

I appreciate time may be of the essence but due diligence is required here IMO and leave no stone unturned. Obviously it's in my nature to do things by the book so I'd probably walk away but everyone is different.

Saz12 · 05/10/2022 17:06

I thought that after 20 years the council were no longer able to demand changes to be made for building regs.
Besides which, regs 30 years ago would surely be very different to today’s anyway - ideas on acceptable levels of accessibility, insulation, etc will have changed.

Think of all the old houses that would NEVER meet current regs. Thatched roofs? Low ceilings? Narrow doorways....

If you’re happy with the property the survey is ok, I’d not worry at all.

lassingd · 05/10/2022 18:21

We bought a house with a conservatory without building regs.

Tried contracting the council twice about what we needed to do by when , but they ignored me! So it still is there 10 years later.

If you are comfortable receiving with an order to remove it, I'd proceed, otherwise no.

Honeyroar · 05/10/2022 22:16

A very interesting thread. I’m about to inherit a barn conversion where the building regs have been lost (my father said they were sent to the council, the council has no record of them). This was 30 years ago too.

Mildura · 05/10/2022 23:28

After 30years building regs are largely irrelevant. No local authority is interested in enforcing (the period for enforcement is 2 yrs from completion of works), standards will have been upgraded several times, so what was compliant then isn’t now anyway, and it’s almost certain that any significant defects from work done in the 90s would have made themselves obvious by now.

Original poster
LGY1 · 06/10/2022 15:13

As an update - we made ourselves comfortable with the work being 30 years old etc and the comments from our surveyor (also a personal friend so trust his judgement)
It all hung on whether the mortgage company wanted to down value after this news, which would have ended our journey as we couldn’t make up the shortfall.

After a couple of near divorces over the weekend we heard back on Monday from the solicitors that NatWest were comfortable and didn’t want to look at their valuation again.

All is progressing and we sign contracts tomorrow 😀
Hopefully I won’t give it another thought…..until we come to sell!!

OP posts:
Honeyroar · 07/10/2022 15:05

I’m about to get our barn valued for probate. I’ll let you know what the estate agent says about it’s affect on valuation if you like?

Mildura · 07/10/2022 15:32

lack of building regs for a conversion 30 years ago? No affect on valuation whatsoever.

Bordernotboarder · 07/10/2022 15:56

Interested to hear peoples views on whether this can narrow the market /lenders that you are able to receive a mortgage from. We are in a similar position but need to remortgage next year as we are porting. Unsure as to whether this will narrow available lenders as we need to be able to look market wide in the current climate.

congrats to the op. Good luck with the move.

Mildura · 07/10/2022 15:58

Depends a little on your specific situation, and particularly how recent the work that lacks buildings regs approval was carried out, but generally shouldn’t restrict your choice of lenders at all, particularly when re-mortgaging.

bombemma · 07/10/2022 16:00

Personally I would be ok with an indemnity

BlueMongoose · 07/10/2022 20:04

LGY1 · 06/10/2022 15:13

As an update - we made ourselves comfortable with the work being 30 years old etc and the comments from our surveyor (also a personal friend so trust his judgement)
It all hung on whether the mortgage company wanted to down value after this news, which would have ended our journey as we couldn’t make up the shortfall.

After a couple of near divorces over the weekend we heard back on Monday from the solicitors that NatWest were comfortable and didn’t want to look at their valuation again.

All is progressing and we sign contracts tomorrow 😀
Hopefully I won’t give it another thought…..until we come to sell!!

Good luck with the move!

Original poster
LGY1 · 08/10/2022 14:16

@Bordernotboarder it didn’t affect our valuation with Natwest

OP posts:
Swipe left for the next trending thread