Selling without building regulations

[orangetree99]

We built an extension 20 years ago with full planning and applied for business controls. Whilst we had several inspections during the build the final inspection was never done (long story). The council now outsource it to a private company and looking at the website it states that if it was done before 2013 and building controls was applied for then all they can do is issue a letter stating that they will not take any enforcement action. If completed after 2013 they can do a regularisation certificate after inspection. Strangely, if no building controls had been applied for then they could also do a regularisation certificate if completed after 1985. We are planning to sell in about a year so not sure whether to get the letter, contact the council/private company and see if they can do a regularisation (despite what it says on the website) or do nothing and get an indemnity when we sell. As no enforcement is possible after 10 years the indemnity is pointless but it seems to tick a box for mortgage applications. We are going to get a full structural survey including electric and plumbing surveys done ourselves before we sell and declare the situation up front. I wondered if anyone had been in this situation and what you did.

That's awkward. As a buyer I wouldn't accept an indemnity policy. I'd also not be bothered about the council taking action but I absolutely would be concerned that it wasn't a safe structure or up to regulation, so wouldn't buy it. Not everyone is like me though.

We are going to get a full structural survey including electric and plumbing surveys done ourselves before we sell and declare the situation up front

It's nice that you want to do that, and good of you, BUT.

No way am I going to trust survey results paid for by another person, I would insist on doing my own if I thought they needing do. The surveyor needs to be liable to me, not you.

You might be wasting your money - unless you are doing it for your own peace of mind, which isn't the worst idea if you have concerns.

Personally I would go for the indemnity, as it seems you don't gain much by approaching the council (i.e. no regularisation cert). The fact that there have been no structural issues in 20 years should reassure a lot of buyers I would think, but they can get a full structural survey of their own (as would be advisable in any case). I agree with @KievLoverTwo that you might be wasting your money paying for one yourself.

Approaching the council is free, so I'd just get the letter off them and then only take out the indemnity later down the line if it was an issue during conveyancing. Also getting the big survey is OTT, I wouldn't do that, the buyer will want to choose their own surveyor etc.

Our seller on our last purchase did their own survey and we had to do one anyway as we had no idea if it was done by someone independent or some relative she'd paid in wine and it was our money on the line.

Thanks for your replies. I was thinking nobody would want to pay for a full survey if there was a chance of not buying and if it was a reputable survey company then buyers would be ok but maybe a better option would be to offer to pay for it. We know everything was done to a high standard but buyers don't.

Unfortunately once we have approached the council we can't get an indemnity insurance

That's ok because if they issue a guarantee they won't take action, then that's as good as an indemnity.
The indemnities are not worth the paper they're written on, they are basically insurance against something that won't happen. But mortgage company's are happy to accept them at other people's expense.

We sold 4 years ago having had an extension which hadn’t been signed off . For various reasons ( thanks to OH who’d overseen extension 😬) we had to get cladding put on and then we were able to get it signed off. A very very stressful time but there was a reason for this. If your extension was all above board as you went along, get the council to sign it off.