Selling house - some advice needed
Discussion
We're in the process of selling our house and have just been sent all the forms from our solicitor regarding fixtures and fittings etc etc.
One of the forms asks about any building work that has been carried out on the house and to wether building regulation approval was gained.
In 2001 we had an internal structural wall removed without gaining any building regulation approval (I was niave enough not to realize you needed it!). It was carried out by a decent builder and I have no doubt that the work would pass building regs if checked (a decent sized rsj was used).
My question is what happens to the forms that we fill in for our solicitor? Do they just get sent to the buyer or are any copies of them passed onto the local authority?
I am quite happy negotiating with the buyer over this, but would rather not have to get retrospective building regulation approval due to very tight timescales on the house we are buying.
Any advice would be appreciated.
cheers
Ian
One of the forms asks about any building work that has been carried out on the house and to wether building regulation approval was gained.
In 2001 we had an internal structural wall removed without gaining any building regulation approval (I was niave enough not to realize you needed it!). It was carried out by a decent builder and I have no doubt that the work would pass building regs if checked (a decent sized rsj was used).
My question is what happens to the forms that we fill in for our solicitor? Do they just get sent to the buyer or are any copies of them passed onto the local authority?
I am quite happy negotiating with the buyer over this, but would rather not have to get retrospective building regulation approval due to very tight timescales on the house we are buying.
Any advice would be appreciated.
cheers
Ian
No idea on the paperwork.
When I converted a place in london the building regs guy spent about 2 minutes checking our I-beam before it was plastered over. He wanted to see the beam rested on a sufficient area of brickwork at either end, and that it was large enough in cross section (in fact we had x3 as the walls were so solid).
We only had to have it checked as we were changing the use of the building from office to residence, hence it was the same as building a new house.
IMO (could be wrong) I don't think you need planning permisssion for diy like this!
When I converted a place in london the building regs guy spent about 2 minutes checking our I-beam before it was plastered over. He wanted to see the beam rested on a sufficient area of brickwork at either end, and that it was large enough in cross section (in fact we had x3 as the walls were so solid).
We only had to have it checked as we were changing the use of the building from office to residence, hence it was the same as building a new house.
IMO (could be wrong) I don't think you need planning permisssion for diy like this!
If the buyer's solicitor is doing their job properly, they'll pick up on it and enquire about obtaining retrospective approval. Worst comes to the worst, they'll pull out of the purchase.
Either way, you'll probably end up having to get approval one way or another, so I shouldn't worry about the planners finding out via the solicitor; you'll end up telling them yourself. In fact, to expediate the transaction, you'd better get on to it right away.
{edited to add:} With our current house, our solicitor picked up on the fact that the loft conversion hadn't been signed off (apparently the fire doors hadn't been installed when the planning officer checked it out and the vendors had never bothered to get him back after the doors went in). They got the planning officer back and signed it off ok. With a structural wall, though, I think they'll need to physiaclly see the RSJ, so you may have to hack off some plaster etc.
>> Edited by pdV6 on Thursday 5th May 09:40
Either way, you'll probably end up having to get approval one way or another, so I shouldn't worry about the planners finding out via the solicitor; you'll end up telling them yourself. In fact, to expediate the transaction, you'd better get on to it right away.
{edited to add:} With our current house, our solicitor picked up on the fact that the loft conversion hadn't been signed off (apparently the fire doors hadn't been installed when the planning officer checked it out and the vendors had never bothered to get him back after the doors went in). They got the planning officer back and signed it off ok. With a structural wall, though, I think they'll need to physiaclly see the RSJ, so you may have to hack off some plaster etc.
>> Edited by pdV6 on Thursday 5th May 09:40
pdV6 said:
If the buyer's solicitor is doing their job properly, they'll pick up on it and enquire about obtaining retrospective approval.
>> Edited by pdV6 on Thursday 5th May 09:40
How will the buyers solicitors pick up on this? They dont inspect the house. If there is no record of this work, then it wont be picked up by the solicitors on any searches. If the sellers dont mention it noone will know.
If the buyers have a survey - it may pick up that some work has been carried out and questions may follow.
Im not saying what to do, but dont think the solicitor should get the blame.
I would lie on the form. Don't even mention any recent internal building work. For all anyone knows it could have been carried out by the previous owners, and you were none the wiser. Just keep it simple and avoid the hassles. It's not like it's going to fall over is it. You'll just be creating delays, stress and more outgoings for yourself.
superlightr said:
How will the buyers solicitors pick up on this? They dont inspect the house. If there is no record of this work, then it wont be picked up by the solicitors on any searches. If the sellers dont mention it noone will know.
Sorry - I was naiively expecting the seller to answer the questions on the form honestly, as is their legal obligation.
Thanks for the replies.
As long as the buyers solicitor is not obliged to inform the local authority about the lack of building regs approval, then what I think I'll do is be honest on the form and say work has been done without approval and also contact the buyer directly and explain the situation to them.
What I hope is that I might be able to negotiate with them over this and then leave it up to them to get building regs approval after the sale has gone through.
One thing in our favour over this is that we had a few people bidding on the property and so should be able to find a different buyer if it all goes a bit wrong.
cheeers
Ian
As long as the buyers solicitor is not obliged to inform the local authority about the lack of building regs approval, then what I think I'll do is be honest on the form and say work has been done without approval and also contact the buyer directly and explain the situation to them.
What I hope is that I might be able to negotiate with them over this and then leave it up to them to get building regs approval after the sale has gone through.
One thing in our favour over this is that we had a few people bidding on the property and so should be able to find a different buyer if it all goes a bit wrong.
cheeers
Ian
4WD said:But that, sir, is just awful. I truly hope your house falls down becuase the previous owners decided not to tell you about some work they'd had done.
I would lie on the form. Don't even mention any recent internal building work.
When we bought our house, it was picked up on both the survey and the seller's report that they had removed a chimney breast in the kitchen. The surveyor couldn't ascertain whether they had used the correct support and building approval hadn't been sought.
The solution was that our solicitors pressed for the vendors to take out a special insurance on the job which would pay out in the event of a collapse after purchase. This they did and we bought the house. Your solicitor should be able to advise about this insurance, as you will probably need it. Think it only costs a few bob.
But, please be honest!
You lie on the form, ceiling collapses, you get sued – big time (ie Costs of repair, redecoration, emergency accommodation, etc, etc + damages.)
You lie on the form, nothing happens – you worry about it for the rest of your life and that of anyone else that signs the form.
You fess up and the buyers surveyor passes no comment you have to fund a lack of Building Regs Indemnity Policy, cost depends on how much you are selling for but it’s less than £100 for cover of upto £300k – so not exactly massive cost issues here (BTW £300 buys £1mil worth of cover). This will put you in the clear as a Seller. Buyers be wary of this though as the policy only covers the cost of ensuring compliance with building regs should the Local Authority serve an enforcement notice or take injunctive proceedings – this could simply mean demolishing the thing – and would not cover the cost of rebuilding if it did collapse, that would be a Buildings Insurance issue…
FWIW you are very unlikely to ever get an enforcement notice or the such like – usual insurance rules apply, you can get cover for any risk that’s never going to happen…
If you disclose the worst case is that your buyer requires you to get retrospective approval, which will mean a little replastering afterwards…
You lie on the form, nothing happens – you worry about it for the rest of your life and that of anyone else that signs the form.
You fess up and the buyers surveyor passes no comment you have to fund a lack of Building Regs Indemnity Policy, cost depends on how much you are selling for but it’s less than £100 for cover of upto £300k – so not exactly massive cost issues here (BTW £300 buys £1mil worth of cover). This will put you in the clear as a Seller. Buyers be wary of this though as the policy only covers the cost of ensuring compliance with building regs should the Local Authority serve an enforcement notice or take injunctive proceedings – this could simply mean demolishing the thing – and would not cover the cost of rebuilding if it did collapse, that would be a Buildings Insurance issue…
FWIW you are very unlikely to ever get an enforcement notice or the such like – usual insurance rules apply, you can get cover for any risk that’s never going to happen…
If you disclose the worst case is that your buyer requires you to get retrospective approval, which will mean a little replastering afterwards…
Removing a chimney breast is far more major though!
In my case we had a wide door opening put in a wall, with a small RSJ above it. The inspector does no more than have a very brief look, scratch his chin and tick a box on a form. Then they take a month to repy to you. Waste of time in my experience.
In my case we had a wide door opening put in a wall, with a small RSJ above it. The inspector does no more than have a very brief look, scratch his chin and tick a box on a form. Then they take a month to repy to you. Waste of time in my experience.
The seller of my house, did some work, converting the interior to add a fifth bedroom and en suite, for which he needed retrospective planning permission, before we could complete...
Delayed the purchase, as we had to wait for the local planning committee, which only sat once a month, then inspections etc, BUT we did not want to jepordise the sale of our house, so ended up renting a flat, (with three grown up kids) for ten weeks, and having to store two furniture vans full of furniture..........
nightmare.........
Laugh about it now, but at the time it was a disaster........
Delayed the purchase, as we had to wait for the local planning committee, which only sat once a month, then inspections etc, BUT we did not want to jepordise the sale of our house, so ended up renting a flat, (with three grown up kids) for ten weeks, and having to store two furniture vans full of furniture..........
nightmare......... Laugh about it now, but at the time it was a disaster........
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