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Advice re missiing Building regs/planning on a House purchase

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  • bradders15
    replied
    Re: Advice re missiing Building regs/planning on a House purchase

    Sorry for dragging up an old thread but this is particularly pertinent to my current situation.

    Am in the process of purchasing a property that has had the basement dug down and erection of a log cabin at the bottom of the garden which required planning permission (due to being less than 2m from a boundary and over 2.5m in height).

    In my naivety, and wanting to ensure the works had been approved, I called the local Council to see if PP/BR was in place (which it wasn't).

    I now understand this prevents an indemnity policy being taken out?

    Now wondering what options I have...

    1) Ask vendor to get retrospective approvals
    2) Task the risk and buy
    3) Walk away

    Any recommendations?

    Leave a comment:


  • Richard Webster
    replied
    Re: Advice re missiing Building regs/planning on a House purchase

    Unfortunately it has become a problem property because OP spoke to Swindon Council.

    Leave a comment:


  • brian
    replied
    Re: Advice re missiing Building regs/planning on a House purchase

    Problem property - walk away and find something more suitable.

    Leave a comment:


  • Richard Webster
    replied
    Re: Advice re missiing Building regs/planning on a House purchase

    David Wilson homes have no record of the Building regs for it and nor does Swindon Council.
    So you asked them? You may have shot yourself in the foot.

    If you did then you will be unlikely to be able to get a Building Regulation Indemnity Policy. This doesn't give you any guarantees about the condition of the property but may be required by your lender. Your solicitor will probably have to tell the lender the position and the lender might insist on a regularisation certificate being obtained - which will involve disruptive investigations and which the seller may well not want to agree to.

    Leave a comment:


  • worrygirl
    replied
    Re: Advice re missiing Building regs/planning on a House purchase

    Speaking from my own bitter experience. Have you instructed a solicitor yet? If you have a RICS homebuyers report, the info provided by your surveyor should be highlighted in a special section detailing the enquiries your solicitor should raise with the vendor. I do not know your particular situation to comment on whether PP or BR was required. Either way there needs to be some documentation in place for the alterations (even in case these are exempt from the above). The more concerning bit is the structural implications of the alteration. There are indemnity insurance policies that can protect you as a buyer from prosecution, but you will not be covered for dodgy workmanship etc.

    What I learned in my case - the burden lies not with you to investigate (if you approach the BR department or Council you will no longer qualify for the indemnity insurance), but with the vendor to have all the things in place. Unfortunately there are loads of properties out there with similar issues.
    Speak to your lawyer before you decide, good luck...

    Leave a comment:


  • Advice re missiing Building regs/planning on a House purchase

    I have agreed to purchase a 3 bed detached in Swindon. The House was part exchanged by David Wilson homes and the house is vacant now. I payed for a Homebuyer survey which pointed out that some internal walls had been moved and the integral garage shortened so that a normal car wont fit. The Surveyor said he could not confirm if loads had been properly distributed and the work may well have needed Buidling regs approval. David Wilson homes have no record of the Building regs for it and nor does Swindon Council. I have spoken to a structural surveyor who says he can not do a proper inspection without making some damage to the plaster and wallpaper in the house but I cant sanction that because I'm not the owner yet.
    Whats the best plan for me to ensure that the house does not have major problems before I buy. To the best of my knowledge the changes to the house were done before 2002 .

    Andy B.
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