No building regs for existing porch for house purchase

[SilverShadow]

Hi there,

 

I guess this one question probably pre-dates the oldest rocks on earth 😜

 

So apologies for asking again....

 

The house we're looking to purchase has a single story front porch extension, built in Sept 2014. We've obtained the docs for PP, but since discovered they never submitted for building regs approval.

 

A little about the porch:

• Approx 5-6m2 floor area
• single story, sloping tile roof (definitely under 3m high)
• Brick built (double skin brick from what i can tell), with upvc windows and door
• Has electrics within the porch (light, not sure if anything else)

 

The web seems slightly conflicting about allowed size (think it means PP, not build regs), so we're a little cautious about the implications of this without build regs approval. I think we can just get an indemnity to cover this, as far as i know?

 

 

It does also bring up questions:

• Is there a time limit with which the council could insist on it's removal?
• Seems odd the council allowed PP, but never insisted on building regs?
• Presumably an indemnity would protect anyone doing repairs in future?
• Afaik, indemnity can transfer from owner to owner?
• If we ever modified the porch, then i guess this would also run the same risk/need building regs approval up front?

 

Apologies for the basic Q's, but these are just dropping out the noggin as i type....

 

 

Many thanks for your time & help 😁

Mark

 

 

[kandgmitchell]

If the original house front door remains then a porch is exempt BRegs up to 30m2 (subject to having safety glazing in the correct locations). If the door has been removed then it's a hall extension. Built getting on for 10 years ago? No direct action for contravention after 12 months so Sept 2015 ish, now long gone. They can still obtain an injunction to prevent a contravention persisting but for a 10 year porch? No way, I've only heard of that being used once. It's not going to happen here.

 

The Council never ties PP to BRegs, whoever carries out the work should know the law and go through the process, they didn't, but assuming its sound, doesn't leak and isn't damp nothing has been lost except the paperwork. By all means buy an indemnity but it seems a bit of a waste of money. By the time you come to sell, that porch will be even older and even less interest to the authorities than it is now.

[Dave Jones]

get an indemnity policy to cover it. cheap as chips

[SilverShadow]

Thanks guys - we may go for an indemnity to be on the safe side

 

Yeah, the original front doorway (now a upvc door) is still intact, so definitely not deemed a hallway extension

 

The vendor worked in the building trade, so I assumed he'd have got it done to a decent spec. 10 years standing & looks rock solid, so I don't think any worries there.

 

Eventually (in the distant future) we may build above it to extend upstairs and make a bigger bedroom, so chances are we'd knock down & restart from scratch with PP/regs anyways

 

Thanks as always for your sound advice

Shadow

[mr rusty]

Quote

we may go for an indemnity to be on the safe side

Safe side of what? The policy providers must be laughing all the way to the bank for these!

[joe90]

On 22/05/2024 at 17:53, SilverShadow said:

Thanks guys - we may go for an indemnity to be on the safe side

Yup, money making exercise for solicitors, I was told to do that but didnt as like you it’s compliant.

[Blooda]

 

4 minutes ago, mr rusty said:

Safe side of what? The policy providers must be laughing all the way to the bank for these!

 

And the fact you have now enquired and found out there are no Building reg's [more than likely] indemnifies the policy anyway.

Money making exercise:- 

 

ur buyer's  solicitors [last house] tried to make us buy indemnity for the extension to the drive [not applicable as it was covered by Planning permission], planning permission for conservatory [not applicable as it was pre planning permission requirements]. 

 

Bizarrely, Finally they managed to pull this one out of the bag...  that because mines and minerals rights, were not mentioned in the land registry, I might have breached these whilst excavating for the extension, taking away precious minerals, and the unnamed/unproven owner of the mines and minerals.  If we hadn't have bought it, they would have found something else.  And because we were not in contact with the buyers, we don't know how much fear the solicitors were putting into them, and we would not want them to pull out.

 

Millions of properties do not comply with current building regs. Even ours signed off in 2022 [Building Regs 2019] does not not comply to current.  Local Building control do not have enough resources to look after their current stock, let alone anything 10 year's old. 

 

 

[joe90]

When buying a previous house I was told to take out indemnity insurance against the local church making repair demands.   
https://www.gocompare.com/home-insurance/guide/chancel-repair-liability/

 

 

 

however I discovered that this was being revoked in parliament at the time so refused.

[EdHat]

If the porch is not within the thermal envelope of the building, i.e. external door between house and porch and porch is unheated, then building regs application wouldn't be required.