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No building regs for extension or loft conversion - would you proceed with house purchase

59 replies

NorkyButNice · 07/08/2009 16:06

We're in the process of buying a house which seemed ideal - the owners have done a loft conversion and added an extra bedroom which appeared to have been done really nicely.

After holding back on providing documents to my solicitor for the last 3 weeks, it now appears that they had no planning permission or building regs sign off for the works that have been done. I think they're OK on the planning front, but obviously they should have got building regs to sign off the work.

Their solicitor is now asking if we'll accept the vendors buying us an indemnity insurance policy to cover us in the eventuality that the council comes along and challenges us over the work, but if we accept that there's no way to get retrospective sign-off (and so no way to guarantee that the work has been done safely and to the required standards).

Other option is insisting that the vendors apply for building regs before the sale goes through (and remedy any issues that are raised).

I'm fuming as the vendors have spent the last 3 weeks trying to hide the truth from us. It seems they'd been lying to their solicitor all this time too - makes me wonder what else might be wrong.

What would you do in this case? Sorry this is so long!

OP posts:
tricot39 · 25/07/2012 22:27

If it was only built a short while ago then ask for copies of the plans and specifications. It might still have been done to a good standard, but not necessarily got building regs. You can then ask the surveyor to review the plans and do an assessment visit. Ask him to provide a list of remedial work required and use that as a negotiating tool or walk if the work is excessive. It is much easier starting afresh and extending a house yourself than to sort out someone else's bodging.

It is interesting that this thread is running at the same time as the one about an illegal annex. I would find it easier accepting an illegal annex which is ancilliary accomodation, compared to illegal alterations to the main house enclosing essential accomodation. Not quite sure why though, so I will have to ponder that....

Viviennemary · 26/07/2012 00:20

Just noticed this thread is from 2009. Why does this keep happening.

TalkinPeace2 · 26/07/2012 14:26

because the building regs are a joke
insurers ignore them
councils ignore them
basically the vast majority of the building regs regulations should be abolished
they prevent novel and eco buildings and are THE BIGGEST impediment to homebuilding by individuals

Pendeen · 26/07/2012 16:28

The Building Regs have a set of 14 'Approved Documents' most of which would apply to a loft converson especially if it has an ensuite. Most of them are quite lengthy and some are very complex.

If the original roof structure was substantially altered then a structural analysis should have been undertaken and structural calculations provided for the new timbers and (if necessary) steelwork. Other calculations would have been necessary for upgrading thermal insulation.

As an architect I must admit I do not like commissions for loft conversions because they can become very involved for not much fee (mercenary I know but that's life).

Are the vendors able to provide you with copies of the drawings and calculations?

If the work was done without any drawings at all the work quite possibly does not comply so, if it were me then I would back out quickly!

Pendeen · 26/07/2012 16:30

Didn't notice the date.

Ah well!

lolalola19 · 09/05/2013 19:36

Was wondering if anyone could help me - I am having a kitchen extension built and it is half way up. We have not had building regs but we are having a structural engineer to calculate the rsj that needs putting in during the knock through. Is this advisable at all or should we get the building regs done before it is too late?
We are not planning on selling the house at all.
Many thanks

LIZS · 09/05/2013 19:40

Many councils will want to see it at different stages of build to check these sort of details . May be best to run it past them earlier than later.

Spero · 09/05/2013 19:49

Be wary of indemnities.

I am in a similar position - bought my house in 2011. it had a kitchen extension, my solicitors raised no queries, i foolishly thought all was ok but now I am trying to sell it appears that no building regs were signed off.

Buyers solicitors are insisting I spend £200 on an indemnity - but all that covers is protection against enforcement action to remove structure in next 12 months - I rang the council and was told they cannot enforce after two years unless structure is unsafe.

I am in the process of trying to get the work signed off - the extension seems to be ok but there is a problem with the guttering which I have to remedy.

I am very pissed off as I certainly would have demanded my seller sought this out before I bought in 2011.

I would be very wary of buying a house that doesn't comply with regs because it will be a problem when/if you want to sell and I don't think the indemnity policies deal with the real problem - that you might have something structurally unsafe that could fall down.

Reality68 · 28/10/2017 20:14

We are in the process of selling our house. We have the same problem in that we converted the loft without planning permission.
The rest of the house is signed off and completed to current standards. We just continued the work across into the existing loft space. If anything it's an improvement over what was originally there.
Bit of a shame to rip it all out, but as I'm not selling it as a room, a couple of hours work with a hammer and a skip will guarantee that in no way am I dropping my price. In the end, unfortunately it's going to be the buyers loss.

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