Hi we are selling our home buyer wants a quick sale however the building regs are not signed off for kitchen extension it was over 10 years since the build and we haven't had problems with it. Any advice what we should do? Please
Selling house BR not signed off help
- Thread starter pana37
- Start date
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Tell your solicitor to get their solicitor to get an indemnity insurance. You may have to pay for this yourself. Or has that route been exhausted?
When you say the Building Regs are not signed off what do you mean? Was it done under the eyes of Building control but no certificate issued or were only some inspections done or no Building Control involvement at all? Don't speak to Building Control yet as that will make any indemnity insurance possibility route null. Same applies to the buyer.
When you say the Building Regs are not signed off what do you mean? Was it done under the eyes of Building control but no certificate issued or were only some inspections done or no Building Control involvement at all? Don't speak to Building Control yet as that will make any indemnity insurance possibility route null. Same applies to the buyer.
Hi thanks for your reply yes the BR were involved footings etc and when after building constructed from what remember approved soakaway.
Prospected Buyer did ask I assume it's signed off I said not sure so if he approaches BR council. I couldnt get indemnity ins?
Prospected Buyer did ask I assume it's signed off I said not sure so if he approaches BR council. I couldnt get indemnity ins?
Yes if he informs them of the address (which he would have to) he won't be able to get Indemnity Insurance.
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Yes of course, otherwise solicitors would never find out when they do their searches so please educate me as to at what point of the information exchange between Joe Public and the council does an indemnity become unviable?
Don't keep me in suspense woodplops I can't stand it! 
Don't keep me in suspense woodplops I can't stand it!
I just said it didn't I
A typical buyers inquiry to the council will just ask about permissions on a property and/or status of ongoing work. So this will never affect the terms of an indemnity policy
It is only after this, that it may be determined that an indemnity policy may be required, and it will be based on the risk at this time - eg of just a standard conveyance search and no other specific interest or involvement from building control. So at this stage, a policy is still viable
After signing, this is when the onus not to notify or involve building control, or to notify anyone of a policy in force comes into play
So you have to hope they don't make a note about your enquiry on their system?
I hate to say I told you so. If you want an answer ask him how deep to dig an 'ole.
pana37
You paid your solicitor to answer these questions. Problem is, he is only really interested in making sure he doesn't get sued so although he will act to protect both of you, don't think you are his first interest.
First thing to do is find out if there is a certificate you don't know about. If not.....
It will almost certainly be quicker and better for the solicitor to advise you to insure, and who knows he might even have an arrangement with an insurer to get it all sorted out.
If you want to know the ins and outs of this indemnity insurance you should look at the policy documents in the first instance. They will tell you the exclusions. Basically the insurance company isn't going to insure you if they think they will pay out so the exclusions will be relatively obvious.
1) The won't insure any work done within the past 12 months. This is not a coincidence, 12 months is a legal limit which limits the councils ability to enforce. So the insurance is becoming worthless.
2) They won't insure if you have started 'negotiations' with the council to 'formalise' the work done. They don't want to be on the hook to fix things when it's likely the council will be round to find things to fix.
3) They won't insure if a surveyor has identified the building work as a risk. Now any surveyor, once he finds out the work hasn't been passed by the council, will identify that work as a risk. In fact, most surveyors nowadays identify everything as a risk. So again the insurance is becoming worthless. (If the surveyor identifies a massive defect in the work then the council can enforce if it's considered dangerous after 12 months but that's another matter)
However getting you to buy insurance lets all the solicitors tick their boxes and will give the buyer peace of mind - though that's probably misguided but that's not your problem. You just want to flog the place.
Now I have bought properties which have had building work done without building control certificates but that might just be me, you cannot expect all buyers to act that way. So if this old work gets flagged up then you probably have to get insurance, but from what you have said so far, there isn't a reason why the insurance company won't take your money. Just do not enter into any negotiations with the council to regularise ( or more likely complete, as they already inspected by the sounds of it ) the work done ten or more years ago. And keep quiet about it to everybody else thogh you will have to declare to your solicitor. Nobody else !
pana37
You paid your solicitor to answer these questions. Problem is, he is only really interested in making sure he doesn't get sued so although he will act to protect both of you, don't think you are his first interest.
First thing to do is find out if there is a certificate you don't know about. If not.....
It will almost certainly be quicker and better for the solicitor to advise you to insure, and who knows he might even have an arrangement with an insurer to get it all sorted out.
If you want to know the ins and outs of this indemnity insurance you should look at the policy documents in the first instance. They will tell you the exclusions. Basically the insurance company isn't going to insure you if they think they will pay out so the exclusions will be relatively obvious.
1) The won't insure any work done within the past 12 months. This is not a coincidence, 12 months is a legal limit which limits the councils ability to enforce. So the insurance is becoming worthless.
2) They won't insure if you have started 'negotiations' with the council to 'formalise' the work done. They don't want to be on the hook to fix things when it's likely the council will be round to find things to fix.
3) They won't insure if a surveyor has identified the building work as a risk. Now any surveyor, once he finds out the work hasn't been passed by the council, will identify that work as a risk. In fact, most surveyors nowadays identify everything as a risk. So again the insurance is becoming worthless. (If the surveyor identifies a massive defect in the work then the council can enforce if it's considered dangerous after 12 months but that's another matter)
However getting you to buy insurance lets all the solicitors tick their boxes and will give the buyer peace of mind - though that's probably misguided but that's not your problem. You just want to flog the place.
Now I have bought properties which have had building work done without building control certificates but that might just be me, you cannot expect all buyers to act that way. So if this old work gets flagged up then you probably have to get insurance, but from what you have said so far, there isn't a reason why the insurance company won't take your money. Just do not enter into any negotiations with the council to regularise ( or more likely complete, as they already inspected by the sounds of it ) the work done ten or more years ago. And keep quiet about it to everybody else thogh you will have to declare to your solicitor. Nobody else !
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