Retrospective building regs?

[askman]

I'm renovating my house, part of which involves knocking through what used to be an external wall, into an existing extension.

I've got structural calcs for the works to re-support the wall and am aware that it will need to be inspected by a BCO, but this has led me to check whether the existing extension had planning permission.

I've had a look on the interactive map for the local council (Coventry - http://maps.coventry.gov.uk/connect/analyst/?mapcfg=planning) to check whether any planning permission was granted for the extension, but it seems there was none, which may be fine as the extension is not 3m away from the original back wall.

My concern however is that the website also details building control inspections, and does not show any having taken place for my house with regards to the extension, however there are two on there for the new boiler and replaced doors / windows respectively, so they have been added.

This says to me that the house was not inspected when the work was done (there's no chance there would be none required as there's below ground drainage, new external wall, roof works, electrics all involved).

My question I suppose is whether or not it's worth bringing this up while the house is being smashed to pieces in order to resolve any issues before they get picked up at a more awkward point such as when it's finished and I come to selling.

As a side point, there was mention of something to do with the extension when I purchased the house and I believe that I was encouraged to take out an insurance policy (which I did) should the council take issue with the extension.

 

[Stingray13]

when was the extension built?

 

[askman]

when was the extension built?

I've no idea. It was there prior to me buying the house which was May 2015.

The windows and doors were replaced in 2008 according to the building control records I've referenced above and I believe that this was done after the extension was completed or at the very least as part of these works.

I've also noticed that only a handful of the other houses on the street have records of planning applications having been submitted for extensions - neither of my neighbours have records of BCO inspections for their extensions which are similar in size to mine (i.e. not more than 3m and therefore a permitted development, but subject to BCO approval).

 

[Stingray13]

In which case, they are well outside the window for a section 36 enforcement notice, your only concern should be if something hasn't been done correctly as it costs you money

 

[askman]

In which case, they are well outside the window for a section 36 enforcement notice, your only concern should be if something hasn't been done correctly as it costs you money

This may be pushing it, but would you happen to know if a standard indemnity policy covers one for reparatory works associated with the works should they not be carried out in line with the building regulations?

I'm slightly worried because after doing a bit of reading online, some policies are voided if the council are brought in to inspect other works, or if they are notified of the works covered by the policy, i.e. the only way the policy pays out is if they just so happen to magically discover that the house has an extension with no prompting.

Of course I'll need to read my own policy wording, but I am going to struggle to find it.

 

[Stingray13]

This may be pushing it, but would you happen to know if a standard indemnity policy covers one for reparatory works associated with the works should they not be carried out in line with the building regulations?

I'm slightly worried because after doing a bit of reading online, some policies are voided if the council are brought in to inspect other works, or if they are notified of the works covered by the policy, i.e. the only way the policy pays out is if they just so happen to magically discover that the house has an extension with no prompting.

Of course, I'll need to read my own policy wording, but I am going to struggle to find it.

Some do, some don't it would depend on the wording, I can't see how it could be voided if you had to bring the council in to inspect new works as that is surely an unfair contract term you need approval for certain works but if your that concerned you could always try a private inspection company

 

[askman]

Some do, some don't it would depend on the wording, I can't see how it could be voided if you had to bring the council in to inspect new works as that is surely an unfair contract term you need approval for certain works but if your that concerned you could always try a private inspection company

I know, but it seems that "fairness" is rarely a contractual obligation!

I'll have a dig through my documents and see if i can find anything. Thanks for your help!

 

[tony1851]

I was encouraged to take out an insurance policy

You was robbed.

1.Those policies are pretty useless, and would never cover you for work required to bring it up to Building Regs standard.
2.They are invalid if the council knows about the work.
3.They are only intended to help with any legal costs should the council take enforcement action.
4. If more than 12 months has elapsed since the work, the work is in any case immune from enforcement under s.36 of the Building Act.
5. Local councils very - very - rarely prosecute under the Building Act.
6. The solicitor recomending the policy will probably have got a cut.

 

[chappers]

I know, but it seems that "fairness" is rarely a contractual obligation!

Oh but it is. there can't be unfair terms in a contract, for example terms that are impossible to comply with or which in future it might be impossible not to break or might breach any statutory rights you may have.

 

[^woody^]

The OP knowingly purchased a property with unauthorised work (hence taking out the policy), so the policy can't be unfair, and he should have done his research beforehand if he planned to do work that impacts on the unauthorised work and sought a policy for his needs - but there wont be one that would offer any cover for this situation.

Having said that, any building inspector would be more interested about what he's got for tea than mooching around looking for unauthorised work.