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Conservatory Building Regs

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  • Conservatory Building Regs

    Hi,

    We're in the process of selling our house (3-bed semi) and 6 years ago we had a conservatory built.

    We were told by the company who built the conservatory at the time that we did not need building regs. However, our buyers survey showed that we do need building regs because we removed the doors and installed a radiator.

    They have now said they will not proceed unless building regs are in place (although they loved the fact that it was all open-plan).

    Due to the low offer they gave us (which we accepted after some deliberating - we understand it's a buyers market after all), we can't afford to go down the route of building regs. Basically because we have no idead how much it would cost (apart from the £450 to get a planning officer to come out in the first place). Does anybody have any idea what we need to do to make it compliant with building regs and how long it would take.

    We have offered them and indemnity which they refused. We also offered to remove the radiator and install doors (thereby negating the need for building regs), but again they refused and are insisting on building regs.

    This is holding up the whole chain. Has anybody been in a similar situation or should we just walk away and try and find another buyer and inform people of the situation when they view the property ?

    Any advice (urgently !) would be greatly received.

    Mike
    Last edited by pooley91; 10-05-2012, 09:44 AM. Reason: Spelling

  • #2
    Re: Conservatory Building Regs

    I think you need to check the regs. As I understand it prior to 2010 it was OK to have a radiator as long as you could turn it off separately, so I would say you don't need to remove the radiator. Lack of doors is an issue though.

    However, what are the buyers concerned about?

    There are two potential issues with non-compliance with regs:

    1. Possibility of enforcement action by Council. In practice they won't do anything after it is 2 years old. If they did buyers simply phone up the Daily Mail and they have ready made story of Council wasting staff resources chasing something as trivial as this. If they are really worried about it you could provide an indemnity policy for around £50-£100.

    2. Possibility of some structural failure, fire danger etc as a result of failure to comply with regs. If it was something like a loft conversion there might be more reason to be concerned, but there if there was a door it would be exempt from compliance anyway, so what are they worrying about?
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Conservatory Building Regs

      Hi Richard,

      Thank you for your kind reply.

      I've literally just had a call from our Estate Agent who has spoken to the buyer. The jist of it is that they are still interested in the property, but need just need reassurances.

      They are under the impression that because no building regs are in place then it may have been built by "anybody" and not a reputable company, so may not have been built correctly (seems they may have been stung before). If we can appease them then they are still prepared to go ahead.

      I've turned the house upside down and have found the original drawings, quotation, insurance certificate, Part P certificate, receipt for payment, delivery notes and hey - even the receipt for the blinds (knew my penchant for not throwing anything away would come in handy one day).

      Hopefully these documents (along with indemnity if required) will satisfy them.

      Thanks again for your reply.

      Mike

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      • #4
        Re: Conservatory Building Regs

        They are under the impression that because no building regs are in place then it may have been built by "anybody" and not a reputable company, so may not have been built correctly (seems they may have been stung before). If we can appease them then they are still prepared to go ahead.
        If there was a door there it could have been built by anyone - and in the double glazing industry most companies go out of business and start up gain under a new name about every 10 years, thereby invalidating any guarantees they gave!

        If you can produce some guarantees etc the buyers may be happy - but personally I would go much on a guarantee like that - they simply need a surveyor to look at it and tell whether it is OK or not.
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

        Comment

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