Lack of building regs on a repossession property

Lack of building regs on a repossession property

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evo97

Original Poster:

126 posts

252 months

Wednesday 6th November 2013
quotequote all
Sold our current property subject to contract nearly 8 weeks ago now and have been looking for the right project to come up.

After extensive house hunting via rightmove and estate agents emailing me unsuitable property daily we finally found something.

Its in need of a bit of work but certainly ticks all the boxes we require, Then I stumble across a issue.
I first contacted the local council to enquire if the 1993 loft conversion had building regs signed off which it has had.

Next I enquire about the extension which they inform me planning was approved in 86 but building regs where not signed off when completed, or is there records of inspections throughout the build?

But they've also informed me that there records for building regs would only go back to 1990 anyway? I'm a little confused as to why the loft could be signed off as that was built 7 years later and uses some of the roof space of the extension.

Shall I just walk away or put a cheeky bid in and if accepted let my solicitor deal with the problems?

Nathan

The property in question http://www.rightmove.co.uk/property-for-sale/prope...

monthefish

20,466 posts

246 months

Wednesday 6th November 2013
quotequote all
For historic works, the local authority Building Control are often willing to supply a 'letter of comfort' which means that, although it's not technically approved, they intend to take no enforcement action following a visit.

I think this would be a good avenue to pursue in this case.

evo97

Original Poster:

126 posts

252 months

Wednesday 6th November 2013
quotequote all
Thats intresting to know thanks.

My main concern is not that its going to fall down due to it lasting 27 yrs but the issue if i ever resell

smokey mow

1,273 posts

215 months

Wednesday 6th November 2013
quotequote all
evo97 said:
Next I enquire about the extension which they inform me planning was approved in 86 but building regs where not signed off when completed, or is there records of inspections throughout the build?
Sorry, are you saying that the extension has been inspected throughout the build and they simply have not carried out a completion inspection on it to sign it off?? or that they have not carried out any of the statutory inspections on the extension that has been built?

Jobbo

13,369 posts

279 months

Wednesday 6th November 2013
quotequote all
Raising the issue with the local authority may now preclude you getting insurance for lack of building regs, unfortunately.

Vocal Minority

8,582 posts

167 months

Wednesday 6th November 2013
quotequote all
Jobbo said:
Raising the issue with the local authority may now preclude you getting insurance for lack of building regs, unfortunately.
This is what our solicitor told us when we asked a similar question

smokey mow

1,273 posts

215 months

Wednesday 6th November 2013
quotequote all
Jobbo said:
Raising the issue with the local authority may now preclude you getting insurance for lack of building regs, unfortunately.
If the extension was built under the 1986 Planning Permission then the time limit for the council to take enforcement action either for the non-submission of a Building Regulations Application or for any works not in compliance with the regulations has long since expired.

This obviously doesn't regularise the works and as such it may still be flagged up again in the future when trying to sell on the property, but an insurance policy would be money wasted since the time limit is already passed for the council to take enforcement action.

Jobbo

13,369 posts

279 months

Wednesday 6th November 2013
quotequote all
smokey mow said:
If the extension was built under the 1986 Planning Permission then the time limit for the council to take enforcement action either for the non-submission of a Building Regulations Application or for any works not in compliance with the regulations has long since expired.
Definitely relevant, but you're not going to get any definitive date on the extension from a mortgagee in possession. So there remains some uncertainty.

Sadly, since I hate title insurance and don't think it should be used as a substitute for doing the job properly, in this case asking no questions and taking a cheap policy would have been the easiest answer.

monthefish

20,466 posts

246 months

Wednesday 6th November 2013
quotequote all
My experience with Building Control are that they are pedantic on current issues, but aren't overly bothered about historic works that have stood the test of time.

The OP has (at the moment) the opportunity walk away with no penalty, and therefore he is in a great position to prod the wire in the hope of getting resolution.

There is no point wading in and adopting the (potential) problem unless the house is obtained for a bargain price that mitigates the risk.

TA14

13,094 posts

273 months

Wednesday 6th November 2013
quotequote all
Jobbo said:
Raising the issue with the local authority may now preclude you getting insurance for lack of building regs, unfortunately.
From reading the OP I think that that horse has bolted, if it were ever an option due to the timescales involved.
evo97 said:
My main concern is not that its going to fall down due to it lasting 27 yrs but the issue if I ever resell.
This is going to involve a SE's survey and to remove most of the caveats it will have to be intrusive - sometimes possible before purchase but you may need a post purchase one as well which would give a more accurate list of required works, if any. If you want to be safe just knock off the cost of the worst case scenario works from the non-intrusive surveys, add in a contingency and an amount for inconvenience and put in that bid. Anyone else who views the house will have the same issues.

evo97

Original Poster:

126 posts

252 months

Wednesday 6th November 2013
quotequote all
Thanks for the advise everybody. Will stick a offer in and see how things go.

Will stick up a refurb thread if I get it

Nathan

The Moose

23,364 posts

224 months

Wednesday 6th November 2013
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The kitchen - quite similar to Gruffy's Chamonix kitchen wink