Seller confirmed in writing - good enough?

[cakehoover123]

We are looking at a listed house. The seller re-covered the roof and the listed building consent required them to use a certain, expensive material.

There is no building regs sign-off and we can't tell whether it is the right material. But the seller has confirmed in writing (via the EA) that it was.

Would that be good enough for you?

Asking this because the seller made it clear during the viewing that they had a relaxed attitude to rules, so we're a bit paranoid that they might have broken some!

i would be not be happy with that, considering the relaxed comment. Despite their letter, the costs of any reparations required would fall to the new owners. I would ask for building regulations sign off.

Ask them for the receipt from the roofer it should detail materials used

Thanks. Apparently no building regs sign-off was needed, as it was a like-for-like replacement.

The roofer involved has apparently since died so isn't around to confirm. But asking for the paperwork might be the next step.

What does your solicitor advise? I am buying a listed building which has gone through lots of renovation requiring planning and listed building consent. For anything missing I think we are suggesting the seller pay for indemnity insurance. I would not be happy with the seller just putting it in writing - if you were to sell how can you be sure this wouldn’t come up again, and if it did would your prospective buyers be happy with a signed piece of paper saying it was all fine? I don’t think so.

Tread carefully, IIRC, indemnity insurance only covers the cost of legal action, not any works required to comply which could be extensive if LBC etc hasn't been granted.

And breaches of LBC can be taken very seriously, eg:
https://amp.theguardian.com/uk-news/2023/dec/15/restoration-expert-john-evetts-broke-planning-laws-cotswolds-farmhouse

@ibelieveinmirrorballs thanks. We haven't instructed a solicitor yet. I'm a bit loath to do so before ironing this out as it's £1700 we can't get back if we need to walk away.

And yes, indemnity insurance seems to be of limited help!

Nothing the seller says outside of communication between solicitors is legally binding.

And even if buildings regs weren't required, listed building consent would be. Tread carefully OP, you will be saddled with the costs for replacing the roof if it turns out the roof is not compliant.

Get a professional opinion, surveyor or builder to confirm, at the cost of the seller of course.
The sellers word isn't worth fuck all

Listing consent and building regs are two different things.

Easiest option would be to ask a roofer to have a look - I wouldn't say why though as it is amazing how many roofers will always say you need a new roof!

If the conservation officers are anything like the ones here, they will spot a roof without the correct slates (or whatever) from a mile away.

If you do not want o pay a roofer, ask a drone company to take photographs of the roof.

If you really want the house do not upset the sellers, especially if you haven't already instructed solicitors, work with them. It may even be the conservation officer saw the like for like replacements before they went on the roof.

Are you in England OP? If so are you going from what you’ve seen at the property plus what the seller has said, plus what you can find at the planning portal? Or do you have a survey/homebuyers report (or whatever it’s called!)

Has the seller done lots of renovation and is there little available to see under that address at the council online planning portal? I would be nervous if that was the case - I’m sure many of these things can be got past with good solicitors working on it, but it could take a while and be a bit fraught.

Thanks all! There is listed building consent, which specifies the material to use.

There is no building regulations certificate. The seller says this is because it was a like-for-like replacement so it wasn't required.

The surveyor said in his report: "There would normally also be Building Regulation approval for the re-covering of the roof, but it is possible that this was not required as the roof was only partially re-covered so that the loading was not affected".

We asked the surveyor afterwards if he could tell what material had been used, but he wasn't sure.

Sounds like we should ask a roofer to take a look.

@HettySunshine "Nothing the seller says outside of communication between solicitors is legally binding" - thank you, this is good to know!

And yes, I'm in England.

So you’ve had a survey done but not instructed a solicitor yet? Have you made an offer and had it accepted?

Once I’d had my survey done there was a whole section of notes that were to be forwarded to my solicitor for legal assessment and it sounds like this is the bit you’re trying to navigate before instructing.

Go onto historic England's website - the listing description will be there for the property hopefully with the roofing material. Presuming the building is an older one, due to its listing, there are not that many different materials it will have been built with. My concern is a surveyor does not know what it is roofed with!

For example, if it is a slate roof and a like for like replacement with local slate, then there will not be any additional structural loading for building regs to be required.

Purchasing a listed property always throws up things like this - it is part of the charm of owning them!

I hope it is a “charm” to own one @schloss and not annoying every time you want to do something!

@ibelieveinmirrorballs never annoying just stops life from becoming boring!

How can nothing the seller says be legally binding? All statements are legally binding pre contract, and could be enforced as long as you can prove them, subject to the caveat about what the seller could reasonably know. Eg if they say the heating system is great and they have had no problems, if it breaks down the first day that isn't really in their remit.

But if the seller tells you something in writing and you then enter into a contract with them then they could be liable for damages if it's a false statement.

Having said all that, it's much easier to prove things if they have been via the solicitors and you and they will get advice on them in the process.