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Original poster

Seller refusing to get retrospective planning permission

95 replies

Goldi321 · 15/12/2022 16:16

Hi, I'm buying a house that has had a kitchen/dining room knocked through with removal of load bearing wall and insertion of RSJ within the last few years. The seller has not got a completion certificate for building regs and is making me out to be the unreasonable one by insisting on it.

The sale has been dragging on for 6 months now- back when we offered the market was very different and I had to put in a way above asking price offer to secure the house. Obviously, the market has now changed and I'm not sure there is the same level of interest as there was back in the summer when the property market was on fire.

The seller and their estate agents and solicitors are arguing that it is not needed they seem to think that because they have planning permission they don't need building regs. My reading and advice from surveyor is that it is.

I'm thinking about pulling out. Just wondering if anyone can offer advice? Would you do the same? Everyone is making me out to be very unreasonable for insisting on this paperwork that will cause me a headache when I don't have it in many years when I try to sell.

The seller has, of course, told me I am welcome to pay for a structural engineer to go in to inspect the work but I don't see why I should have to do this.

OP posts:
MangoBiscuit · 15/12/2022 16:19

Not an expert by any means, but I wouldn't be happy buying a house in that situation. I would also check whether it would affect your insurance.

Paq · 15/12/2022 16:19

Absolutely pull out unless they get building control sign off. It will be incredibly difficult for you to do it and could affect mortgage-ability and resale value.

Ohtheweatheroutsideistoocold · 15/12/2022 16:19

I would be very concerned if they are this resistant that they think it won't pass building regs

IglesiasPiggl · 15/12/2022 16:20

I can't believe a solicitor is telling you building regs is not necessary! Definitely pull out, that's so fishy.

ethelredonagoodday · 15/12/2022 16:21

Yep I also would be reluctant. Building regs and planning are two different things and not having BR sign off could cause you problems at a later date.
What is your solicitor saying about it?

Original poster
Goldi321 · 15/12/2022 16:23

Yes, honestly everyone is making me sound unreasonable. Their estate agent, their solicitor. They have even tried to say it is not a load bearing wall so doesn't need building regs- if it isn't then why have they put in a huge RSJ? My surveyor also tells me it definitely is.

OP posts:
Original poster
Goldi321 · 15/12/2022 16:23

My solicitor being useless- "I am not an expert so I will be guided by your surveyor". I'm not an expert either, but I know building regs need to be done for removal of a load bearing wall and I'm not paid solicitor wages!

OP posts:
WhenisitmyturntobePM · 15/12/2022 16:26

Has anyone suggested indemnity insurance? This could be a solution if you’re still keen to go ahead and the seller is prepared to pay for it.

They are pressuring you because they can sense the sale slipping away in a challenging market. Do not let them - walk away if you have to.

Tinkerbyebye · 15/12/2022 16:27

my Understanding is you have certain things you can do under permitted development that only require building reg certification, but with full planning permission you are likely to need both

www.planningportal.co.uk/applications/building-control-applications/building-control/building-regulations/difference-between-building-regulations-and-planning-permission

if you know who the local council is you could look up the original planning permission and email the council to see?

but personally i would be walking and searching elsewhere

redastherose · 15/12/2022 16:28

Personally I'd reduce my offer and pull out if they didn't sort out the retrospective building control approval as well. It's a completely different market than it was 6 months ago.remember that the sellers solicitor, estate agent and seller are all financially vested in getting you to agree to proceed. Your own solicitor should be advising you not to proceed without the building control issue being resolved but can't lol you what to do about withdrawing as that has to be your decision. I am a conveyancer and do tell my clients my honest opinion if they ask me though.

Mildura · 15/12/2022 16:29

As ethel says, planning and building regs are two different things.

To have a recent structural alteration and no completion certificate is a pretty big red flag.

I would hold your ground and make this a non-negotiable point.

Before anyone suggests indemnity, they really are less than useless for something like this.

MadeInChorley · 15/12/2022 16:29

Building regs sign off is a fundamental. I assume your mortgage company will not lend without all the necessary certificates being provided, because it could go to value and affect the LTV etc. If he won’t apply for the correct paperwork and the market has changed, I’d pull out now.

It’s possible (even if he does apply for Council sign off) that the works were not done in compliance with either the planning permission and/or building regs, so he or you would be stuck doing remedial works and fighting over who pays for those as it drags on longer.

Happydays321 · 15/12/2022 16:31

I'd pull out, as someone said I wouldn't want just indemnity insurance in this instance.

NotDavidTennant · 15/12/2022 16:32

I would set them an ultimatum that they either get sign off or you walk. And mean it.

MintJulia · 15/12/2022 16:32

Call the council surveyor's department and ask them. They will give you an answer you can trust.

The council surveyor haunted my garden until work was completed and the extension signed off as compliant, so I think you need one, but call them& check.

Original poster
Goldi321 · 15/12/2022 16:36

Indemnity would be invalid as they have contacted the council who confirmed there is no certificate. Also before this (without prompting from my solicitor) they said they wouldn’t pay for an indemnity. Also I wouldn’t be happy with this anyway, I don’t want the BR issue when I/my kids come to sell it in the future.

We are cash buyers using funds from sale of our current property so no mortgage.

Im just so baffled why you would let cash buyers, with an over offer asking price in this market for walk away for the sale of retrospective BR.

OP posts:
JamMakingWannaBe · 15/12/2022 16:37

Why did they Planning Permission if all the work was internally?

Building Regs ensures the work was carried out correctly - insulation, radiators etc as well as steel beam is the correct size to stop the extension falling down.

There is NO reason for them not to have this. They need to apply for it retrospectively.

They will realise other buyers will have the same opinion as you and in a falling market they'd better get a move on.

DO NOT buy this property without this and don't accept indemnity insurance.

Ohtheweatheroutsideistoocold · 15/12/2022 16:37

Goldi321 · 15/12/2022 16:36

Indemnity would be invalid as they have contacted the council who confirmed there is no certificate. Also before this (without prompting from my solicitor) they said they wouldn’t pay for an indemnity. Also I wouldn’t be happy with this anyway, I don’t want the BR issue when I/my kids come to sell it in the future.

We are cash buyers using funds from sale of our current property so no mortgage.

Im just so baffled why you would let cash buyers, with an over offer asking price in this market for walk away for the sale of retrospective BR.

Thats precisely what would make me concerned that they think it won't pass building regs

It's not in their best interests to do this as they might lose their buyer. So they are either phenomenally lazy, or worried.

RandomPerson42 · 15/12/2022 16:40

Yeah just pull out

Original poster
Goldi321 · 15/12/2022 16:41

Planning was for other work done at the same time which, interestingly does have BR which makes it even more baffling.

OP posts:
Mildura · 15/12/2022 16:41

WhenisitmyturntobePM · 15/12/2022 16:26

Has anyone suggested indemnity insurance? This could be a solution if you’re still keen to go ahead and the seller is prepared to pay for it.

They are pressuring you because they can sense the sale slipping away in a challenging market. Do not let them - walk away if you have to.

I really can't see how indemnity is going to help here.

It doesn't confirm the work was done correctly, or provide any cover if it turns out to have been done incorrectly. Just protects against council enforcement action. Chances of which are somewhere around zero.

CharityShopChic · 15/12/2022 16:42

You don't need planning permission to reconfigure the inside of your house - unless it's Listed.

You do need Building Regs to sign off that it has been done safely. Walk away.

Mildura · 15/12/2022 16:44

Goldi321 · 15/12/2022 16:41

Planning was for other work done at the same time which, interestingly does have BR which makes it even more baffling.

That really is quite confusing!

Why would someone go to the effort of making sure part of the work was compliant, but not all of it? So strange.

Has anyone asked them for an explnation?

Original poster
Goldi321 · 15/12/2022 16:46

Thank you all for the advice. You know when everyone is making out that you are being the unreasonable one and you are adamant you are right? This. I guess I’m second guessing myself because of the questions I’ve asked above about why they would want to lose the sale! Obviously this is now going to crop up for future buyers too…

OP posts:
Original poster
Goldi321 · 15/12/2022 16:46

They are being very obstructive.

OP posts: