Building regs issues

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Hi all,

Interesting first post and based upon my initial research, I can see that this type of activity is not uncommon but anyway, I hope that some might be able to offer advice on my situation.

Back in 2006 the roof on my (at the time two bedroom) terraced house needed replacing and the old outside toilet built onto the back of the kitchen needed work. Having received a few quotes and exploring the options, it was clear that the opportunity to extend into the loft to create another bedroom was an opportunity not to be missed. I selected a building contractor who converted the loft, fantastic quality and worked with the local council to gain the necessary building regulations. Along with a full electrical certificate for the house, upgrades to the doors throughout and an interlinked fire alarm system across all floors, the loft was signed off.

Now fast forward 8 years, I’ve sold my house and due to exchange in a matter of weeks but we since found out that the kitchen does not have a building regulations certificate.

Originally the kitchen (located on the back of the terrace house) included an external toilet attached to the back wall. The builder advised that this should be knocked down and we extend the kitchen into the area that was the old toilet, and take the opportunity to extend by an extra meter - replacing a 2x1 meter attached room with a 2x2 meter extension. The ground works was extensive due to the house having cellars, with foundations of circa 8 to 12 foot and steel reinforced (mesh and many steel poles). Everything was topped off with a concrete slab with a depth of about a foot around the outside to provide a seating area that leads to a retaining wall, before stepping down to the garden.

My issue is what to do? There are no signs of issues, a local builder has been around and checked what can be seen i.e. structurally there is no issue, no cracking in the concrete slab, brick work or internal plastering. The quality of the roof work and roof insulation is spot on but in order to get a retrospective building regulations certificate the building control officers need to expose the footings but given the available room to dig a hole, the depth of the footing is it viable to even do this? And expose the structure of the new walls i.e. cavity depth and amount of insulation.

But then I have the dreaded ‘what if’ scenario. What if the building is not up to standard i.e. the cavity / structure of block work is not correct. Do I have any come back on the builder who carried out the work? From a simple perspective, I commission him to carry out the work and part of that was to liaise with the local council over building regulations. Clearly, for whatever reason, this has not been done.

Any thoughts would be appreciated.

Thanks,
Simon
 
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The buyers have to be pretty daft to worry about an 8 year old extension that is not showing any problems now. Or more likely their solicitor has got them all hot and bothered. Are they insisting on retrospective regs approval?
 
Thanks for the response. So far there has been no response from the buyers or solicitors. I have instigate this with the council after the question about building regs for the kitchen was raised, as I assumed that if the builder had not sorted this then it building regs would not have been a requirement – just shows that you should never place your trust in anyone. I guess that my concern is that the situation is now official with the council. Is my only option to undertake the work to expose the elements that require checking or building regs indemnity insurance has also been mentioned as an option.
 
Indemnity insurance won't be available if the council knows of the work - which of course they do now.

Regularization can be an expensive and disruptive process, but if this issue has come up with this buyer, it will come up again, so maybe you need to bite the bullet and get it done.

Ultimately, the extension is well out of time for the council to take any enforcement action. But this time limit never seems to cut any ice with conveyancing solicitors, most of whom seem clueless about the legalities, and thereby put off their own clients as buyers.
 
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Thanks tony1851, I thought that would be the case with the indemnity insurance. I guess there is no other option but to explore what has been done and hope that it meets the standards required.

I spoke to the original builder who carried out the work today and as expected, not particularity helpful. It really bugs me that there is no come back on the builder. As far as I'm concerned, he was paid to do the work and I may have to spend a huge amount of money fixing it or removing it because he did not follow or apply for building regs.
 
Your solicitor will (or should) tell you they are not available if the council are already wise to the illegal works. Besides they only cover the cost of any legal fees you may incur as a result of any legal action being brought about by a Local Authority they do not cover the costs of any actual remedial costs that may be incurred to put anything right.

So as mentioned by tony the LA is incredibly unlikely to bring about any kind of legal action because of the time frame unless they think there is a danger to life, which may be for instance if a big crack occurred suddenly and they thought it was about to fall down. But if that were gonna happen it would have happened by now.

It is well beyond the Planning time frame so that aspect is a moot point too btw.

I would wait and see if the solicitors bring it up and then deal with it then, though I understand you want to be prepared for the event if it should need to happen.


Unfortunately, ultimately it is the building owners responsibility to ensure works comply. Though when a builder is specifically contracted to achieve a building Control approval and ensure his works meet the regs then he is obliged to provide that. If that was not specifically asked of him then he can just say tough, not me mate!
 

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