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Survey - now worried about extension & loft conversion paperwork

69 replies

Greenfairydust · 18/04/2023 16:37

I had a structural survey on a 3 bed 1930s house I was hoping to buy.

The house has a loft extension and the kitchen was extended. This was done 25 years ago apparently.

The surveyor said the construction looks fine but stated that the solicitors need to make sure the regulations are followed and the right paperwork obtained at the time.

I am concerned that the seller seemed evasive in response according to what the surveyor wrote in the survey.

The surveyor noted that the seller stated they ''believed the work was done 25 years ago by the previous owners.''.. surely they should have all the paperwork to prove this? they bought the property 5 years ago and this I assume would have been queried by their solicitors at the time and the estate agents should have checked before marketing the property.

What are the implications if the paperwork is not available?

I am starting to think that this I might have to cut my losses and walk away from this. It is a shame as I like the house and it is in good condition.

My house search of 6 months has been a nightmare so far and now it seems I am back to square one.

OP posts:
ChateauMargaux · 20/04/2023 12:44

I can totally understand your reluctance to proceed without the correct information in place... and this property may not be the one for you or may not be the right price for you.

However, the chances of an extension that has been standing for 25 years without any evidence during the survey of movement, suddenly 'coming down at any moment' is very remote indeed.

OneFrenchEgg · 20/04/2023 16:14

We've got stuff in the house without building regs. It doesn't bother me. I think people have a different attitude to it. I'm not greedy or dishonest I'm just not that fussed if it's working fine.

OneFrenchEgg · 20/04/2023 16:15

Like a door blocked up and now a window there.

Greenfairydust · 20/04/2023 17:38

@OneFrenchEgg · Today 16:15
Like a door blocked up and now a window there.

That wouldn't bother me, but things like a main wall/roof being altered and an a entirely new room created is a different thing.

OP posts:
LIZS · 20/04/2023 17:45

They are covering the,selves, it may have met br at the time but probably not current ones. No LA is going to enforce 25 years retrospectively even without a certificate.

OneFrenchEgg · 20/04/2023 17:59

We had a wall being added , not load bearing. I think it's less of a worry it's been there for ages. The missing paperwork wouldn't worry me if it was safe. Electrics would.

SophieIsHereToday · 20/04/2023 18:54

Greenfairydust · 20/04/2023 08:53

@wonkylegs

Yes. I believe that's what they are doing at the moment: looking at what paperwork they have already from their own purchase and trying to locate them with the relevant authorities if needed. They probably will have their solicitor do this.

I would be really sad to walk away but unfortunately no paper for the extension/loft would mean I will have to do that.

The thing that puzzles me is that this should have all come out 5 years ago when they bought the property so I am a bit concerned as well that they need to faff around to find this basic paperwork. Any good solicitor would have done that then and they should have anything (or the fact that no building regs/planning permission was obtained at construction) at hand already, hence why I am worried/annoyed.

Honestly, this is where you are mistaken, about "any good solicitor". We bought our house 5 years ago and our solicitor didn't notice. We highlighted it and our solicitor said it wasn't a problem if it was more than 20 years in our borough. We believed them. You are unreasonable to be annoyed at the seller.

Perhaps we had a bad solicitor, but we picked them based on their star review, they weren't the cheapest option.

BridieConvert · 20/04/2023 19:40

We purchased a 1930s house last year. It has likely been extended and has had a side porch added at some point. The surveyors stated the work was over 25 years old and therefore paperwork wasn't needed for it.

Greenfairydust · 21/04/2023 09:21

''You are unreasonable to be annoyed at the seller. ''

I am going to disagree with that.

The loft room & extension were highlighted as selling points for the house (1st thing you would see on the Rightmove add) and used to justified the cost of the house.

I sold my parents house and a conservatory and other additions had been made to the original house in the 70s/80s and then 90s and made sure that I sought the right paperwork before it went on sale. This involved checking planning records and going through my father's papers for hours. I certainly would not have just shoved the house on the market without doing my research first and being able to tell potential buyers what was available and what wasn't, so they could make an informed decision.

It really isn't that hard and I fully expect the same honesty from sellers.

I guess people have different standards.

OP posts:
CellophaneFlower · 21/04/2023 09:36

If something is advertised with a loft room rather than a bedroom, I'm going to be 99% sure it doesn't have regs.

I bought a house with a double storey extension that has no paperwork. It didn't put me off as it's about 30 years old. The previous owners also bought it with no paperwork. I guess it would put some people off, but plenty will still go ahead.

Greenfairydust · 21/04/2023 09:41

@CellophaneFlower

At least it is good to hear that it worked out for you.

Did you have any issue with insurance/mortgage?

OP posts:
CellophaneFlower · 21/04/2023 09:49

Greenfairydust · 21/04/2023 09:41

@CellophaneFlower

At least it is good to hear that it worked out for you.

Did you have any issue with insurance/mortgage?

I got an indemnity to satisfy the mortgage company, which the vendor paid for (couple of hundred I believe). I realise they're worthless but I wasn't paying so I didn't care! I can't remember if the mortgage provider actually asked for it, or if my solicitor just advised I request it just in case.

No problems with insurance.

redastherose · 21/04/2023 10:07

@Greenfairydust the local council usually have a historical records section which should hold any permissions granted for the property in relation to building control or planning permission probably on microfiche which was used widely by local authorities to store old records. Worth asking the vendors to ask about checking there if they have no records.

RidingMyBike · 21/04/2023 10:14

It was the house insurance I was a bit wary about. One of the 'assumptions' on our building insurance is that the house is in a good state of repair and structurally sound (we had to have different specialist renovation insurance whilst we were renovating). So I did wonder if we had gone ahead without adding in beams to support the wall/loft conversion and the whole thing had collapsed at some point, whether we'd have been insured? Bearing in mind it's a semi so it could have brought down next door as well.

Clearly a lot of people take the risk (or don't realise it is a risk) and get away with it.

I was also aware that, although the whole thing had stayed up for several decades, we didn't know what usage the top storey had had. There's a big difference between a loft room accessed occasionally to store the Christmas tree and suitcases, versus one used as a play space with thundering kids on a playdate.

SophieIsHereToday · 21/04/2023 17:31

Greenfairydust · 21/04/2023 09:21

''You are unreasonable to be annoyed at the seller. ''

I am going to disagree with that.

The loft room & extension were highlighted as selling points for the house (1st thing you would see on the Rightmove add) and used to justified the cost of the house.

I sold my parents house and a conservatory and other additions had been made to the original house in the 70s/80s and then 90s and made sure that I sought the right paperwork before it went on sale. This involved checking planning records and going through my father's papers for hours. I certainly would not have just shoved the house on the market without doing my research first and being able to tell potential buyers what was available and what wasn't, so they could make an informed decision.

It really isn't that hard and I fully expect the same honesty from sellers.

I guess people have different standards.

You are missing the point. This probably has nothing to do with your seller's honesty!! The sellers are probably not dishonest and you have no right to be furious at them. Read the thread, many people are saying if it has been long enough, many will accept no paperwork. People are different and you are assuming that they have poor intentions with no evidence.

One of the problems we have in our society at the moment is that people often think others are out to get them. That others are dishonest and warrant our fury. When really most people are muddling through life, doing their best. I think you should give them a break, stop assuming the worst in people. They might have different standards to you but they are probably not evil and dishonest. Why does this matter? By assuming they are bad people, you will be more likely to treat them badly in return and it just creates such an unpleasant vibe.

HaggisBurger · 21/04/2023 17:44

Just take a view on it one way or the other when they say what they can produce paperwork wise.

If the offer is an indemnity insurance policy then ask your conveyancer if this would have any problem for onward sale / mortgageable.

Buy it or don’t but I wouldn’t waste so much emotional energy on ascribing negative characteristics to people you don’t even know. It sounds utterly exhausting.

I say this as a former conveyancer.

Wnikat · 21/04/2023 17:50

It’s just the surveyor covering his back. After 25 years I wouldn’t be put off if I loved the house. But you don’t and that’s fine

MarieG10 · 21/04/2023 17:52

You are right to look to pull out. My parents had an extension done 30 years ago. It had to have full planning permission and building regulation control with the building inspector attending regularly. The plans and building control sign off are all on the local authority planning portal for anyone to view over the internet.

If you look at houses in the future then have a look online before you go and ask the owners. An extension of 25 years old without planning or building regs is without it for a good reason and I wouldn't touch it with a barge pole.

They are just duplicitous nightmares

CellophaneFlower · 21/04/2023 19:38

OP, it may well be that the work was done much earlier than that and that's why no records?

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