Buying a house, extension has no Building Regs

[DaffyT4]

After months of searching we finally found a house for us and had an offer accepted. The house has had a first floor extension built on top of a single storey annexe. It transpires that although planning was obtained for the extension no Building Control was ever signed off.

Is this a deal breaker? The work took place 4-5 years ago so I understand enforcement action is now very unlikely but we are concerned about structural integrity/safety and the implication for us selling in the future (hopefully many years yet). No mortgage involved.

[DaffyT4]

No mortgage required so that's not an issue. The work was done in 2016. The vendor has basically shrugged their shoulders and said they'll pay for an indemnity. From what I've read this is a waste of money as it only covers the cost of LA enforcement but that is unheard of after 12 months has elapsed.

I was hoping a full survey and an electrical inspection would show up any concerns but I'm guessing this would be quite invasive.

Anybody know what the situation would be with getting buildings insurance?

We love the house so if there is a way of making it happen we want to do it.

[DaffyT4]

TCruise said:

What is your actual concern?

Safety/integrity is our main concern.The extension contains the master bedroom so we don't want to wake up one morning and find ourselves in the utility room below.

Regarding contacting Buildings Control, although the indemnity thing is of no relevance to us now it may be that a future buyer's mortgage provider requires one from us. If we contact the LA now that removes the option of us providing an indemnity in the future. We could then be left with cash buyers only.

TCruise said:

Value - Ultimately, would you buy the house for the same amount if that out building collapsed tomorrow? If there or thereabouts, yes, then really, what are you concerned about?

As above, it's not an out building - it's the master bedroom and en-suite built on top of the existing utility room/downstairs WC. So no, we definitely wouldn't pay the same if it fell down!

TCruise said:

Good luck.

Thanks, I think we are going to speak to a local surveyor and see what they suggest and also ask the vendor to get the electrics signed off by a competent electrician. It doesn't sound like all is lost just yet.

[DaffyT4]

Just had a long chat with the vendor. Turns out he is a builder by trade and did all the work himself. He ran through everything that he did (which included checking the foundations) and lots of technical spec which meant nothing to me.

I'm certainly feeling more relaxed about the quality of the work as he was doing it knowing his family would be living in it.

He also seems happy to approach the council for retrospective certification although I'm not sure he realises this would invalidate any indemnity policy. Anybody know what happens if the council refuse to sign it off retrospectively, bearing in mind the work was 5 years ago?

[DaffyT4]

NMNeil said:

We have plenty of people who have built extensions, and only after completion have they bothered to try and get a retroactive permit.
The planning and zoning department have always refused and told them to tear it down.
The quality of the previous work didn't mean a thing.

He had planning but not building regs, I believe 12 months is the limit for a section 36 order to pull it down.

[DaffyT4]

worsy said:

Do you know whether the annexe was part of the original build?

I believe it was. It's a 1950s house, ex LA, and the chap says he dug down 2 feet to check the footings which he said were fine.

[DaffyT4]

We've decided we're not going to go down the Regularisation route. The chances of it being signed off after so long would be slim, the vendor has said he's not prepared to allow the sort of invasive testing that would be required and involving the LA removes the ability to have indemnity insurance.

The indemnity is not for us but for any future buyers who may need a mortgage.

So, the plan is to appoint a local RICS surveyor to do a full building survey, paying particular attention to the unregulated work. I'm assuming that after 5 years any issued with foundations and movement will be apparent. Also an electrical safety certification. If it gets a clean bill of health we'll go for it.

[DaffyT4]

Just to bring this to a conclusion, we had a Building Survey carried out and the surveyor advised us not to proceed. He said that based on the quality of the work he could see he was concerned about the quality of what he couldn't see. The sagging roof line was a particular worry!
A real shame as the house was perfect for us and the market's hardly awash at the moment but we keep looking. Hopefully our buyers are patient.