Dedwards Posted November 9, 2020 Posted November 9, 2020 (edited) Hi all, I'm in the process of purchasing a 1960s dormer bungalow from an elderly lady who's husband has passed away. The bungalow was built in the 60s and had a couple of extensions in the 90s. In 2007 the loft was converted with a rear facing dormer a few velux's which is now home to two bedrooms and a bathroom. I have the planing permission docs from her for the extensions and large rear dormer. The problem is she cannot remember or find any completion certificates for the work, or any electrical certs, although there is a sticker on the fuseboard saying last inspection 2012. In general its all done to a very high standard and i can see no obvious problems. The bungalow has been marketed as a 5 bed and valued as such. I am now worried that without these docs and if the local authority is notified for the docs, i may stir up a hornets nest!! Do i go the safe route and demand the certs or it being inspected or do i just suck it up and accept it for what it is????? Any advice really appreciated. Damien Edited November 9, 2020 by Dedwards
joe90 Posted November 9, 2020 Posted November 9, 2020 My brother in law did similar, without a sign off he demanded it was one less bedroom and the price reduced accordingly which worked fir him. You could contact the council, they may inspect and sign it off and if not knock the price down and take the risk about how much it will cost to meet regs.
Big Jimbo Posted November 9, 2020 Posted November 9, 2020 Try and get sombody at the council on your side, with a nice friendly chat, and get them to search the old council records in the building control dept. Good luck.
ProDave Posted November 9, 2020 Posted November 9, 2020 It is probably long past the date that BC could take any enforcement action, even if they wanted to. Don't poke the bear and bring it to their attention. You can usually just get the vendor to put in place an indemnity policy to cover you in the unlikely event of any action, but ONLY if you have not bought it to the attention of BC. More important is ascertain by survey the condition of the property is to your satisfaction. 1
Temp Posted November 10, 2020 Posted November 10, 2020 https://www.simplybusiness.co.uk/knowledge/articles/2016/01/indemnity-insurance-building-regulations/#:~:text=The indemnity insurance is designed,t comply with building regulations. Quote In practice, building regulations indemnity insurance is very rarely claimed on and some people question how useful it really is (it wouldn't, for example, cover the cost of putting any work right). But many people agree to buy a policy so that the house sale can progress. If you’re selling a property, you may find that the buyer’s solicitors and the mortgage lenders insist on an indemnity policy being in place before the sale can go ahead. If you’re buying a property, your conveyancing solicitor may advise that a policy should be purchased before you proceed. Remember, once any buildings work has been completed for a full 12 months, the local authority can't force you to alter or remove non-compliant work (Section 36 of the 1984 Act). Expand
Dedwards Posted November 10, 2020 Author Posted November 10, 2020 Hey chaps, OK food for thought. Many thanks for the advice. I have taken the choice to get the vendor to go to the local authority and ask for copies of the building regs as she now believes it was all signed off OK and she has just lost the paperwork. We will pay for a full survey and she has agrred to get the elctrics cerrified and pay for any works needed. I think all fair enough.
juncopartner Posted November 15, 2020 Posted November 15, 2020 On 10/11/2020 at 00:42, Temp said: Remember, once any buildings work has been completed for a full 12 months, the local authority can't force you to alter or remove non-compliant work (Section 36 of the 1984 Act). Expand This was changed to two years, sect 35a building act 1984 1
john0wingnut Posted December 18, 2020 Posted December 18, 2020 On 15/11/2020 at 14:48, juncopartner said: This was changed to two years, sect 35a building act 1984 Expand I thought it had to remain in situ for 4 years, then one could ask for a certificate of lawfulness?
juncopartner Posted December 18, 2020 Posted December 18, 2020 On 18/12/2020 at 08:41, john0wingnut said: I thought it had to remain in situ for 4 years, then one could ask for a certificate of lawfulness? Expand You're getting confused with planning.
john0wingnut Posted December 18, 2020 Posted December 18, 2020 On 18/12/2020 at 08:45, juncopartner said: You're getting confused with planning. Expand Argh........ So if you get PP for something and build it differently from the plan its 4 years, whereas if you just go and build something, its 2 years
juncopartner Posted December 18, 2020 Posted December 18, 2020 On 18/12/2020 at 10:59, john0wingnut said: Argh........ So if you get PP for something and build it differently from the plan its 4 years, whereas if you just go and build something, its 2 years Expand Its 2 years from completion of the work for B Regs, this is unrelated to any planning permission legislation. Sect 35a Building Act 84 https://www.legislation.gov.uk/ukpga/1984/55/section/35A Depending on the breach of planning, from memory, I believe it is 4 and 10 years, for listed buildings I don't think there is a time limit, but I'm not a planner and I don't work in a Planning Dept to ask enforcement these days so don't quote me. You'll have to do a little research to check.
john0wingnut Posted December 18, 2020 Posted December 18, 2020 On 18/12/2020 at 11:57, juncopartner said: Its 2 years from completion of the work for B Regs, this is unrelated to any planning permission legislation. Sect 35a Building Act 84 https://www.legislation.gov.uk/ukpga/1984/55/section/35A Depending on the breach of planning, from memory, I believe it is 4 and 10 years, for listed buildings I don't think there is a time limit, but I'm not a planner and I don't work in a Planning Dept to ask enforcement these days so don't quote me. You'll have to do a little research to check. Expand Argh, I understand now. You were referring to compliance with BR. Makes sense! Thanks
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now