House purchase Extension build but no paperwork

[ady555]

Hi Everyone

I hope someone can help out or advise, we purchasing our first house and come a cross a bit of problem with extension that has been build, searches showed there was planning permission for extension withdrawn in 1995, I managed to find out why it has been withdraw from local council and I know due to how long ago it was they can't enforce anything, but I wasn't able to find anything regards building regs, can they enforce any changes to be maid? I do question my self how well it was build and was it build to correct building regs, as this is kitchen and bath plan is to renovate so will be strip down to bricks and wonder if I should consider getting them involve to have paper work if we wanted to sell it in future.

Thanks in advance

 

[^woody^]

Get it surveyed properly. If the report says its OK then it's OK. Building regulations can only be enforced now it there is a significant life safety issue.

The problem will be your home insurance - you should declare it as unauthorised work, and that could open a can of worms in getting it insured if it's poorly built

Also negotiate a cash discount based on the the unauthorised works

 

[mrrusty]

The problem will be your home insurance - you should declare it as unauthorised work, and that could open a can of worms in getting it insured if it's poorly built

I agree with Woody for points 1&3 but I'm not sure that is a sensible suggestion if the house surveys OK. I have never yet had to issue any certificates to insurers.

Also, my own policy (NFU) only requires notification of any new building works, extensions, demolitions etc. if the value of the work is in excess of £50K - they really are not interested in minor works.

IMO The way to deal with insurers is to read their small print - (they are all different) and accurately and honestly answer any questions they ask, or provide information specifically requested, but there is no benefit in voluntarily offering information outside those parameters; never answer questions you haven't been asked!

 

[^woody^]

I agree with Woody for points 1&3 but I'm not sure that is a sensible suggestion if the house surveys OK. I have never yet had to issue any certificates to insurers.

Also, my own policy (NFU) only requires notification of any new building works, extensions, demolitions etc. if the value of the work is in excess of £50K - they really are not interested in minor works.

IMO The way to deal with insurers is to read their small print - (they are all different) and accurately and honestly answer any questions they ask, or provide information specifically requested, but there is no benefit in voluntarily offering information outside those parameters; never answer questions you haven't been asked!

There is a general principle that you disclose anything you feel may be relevant and which may affect the risk and cover. IIRC, there is a specific question along those lines

There is presumption when quoting and basing a premium on risk, that the property is in a good state of repair and any works are done properly and have the necessary permissions

I would suggest that unauthorised unregulated building work is material information, and you don't want to be in a position where a claim gets rejected when you need it to be paid.

 

[ady555]

Thanks for advice,

House survey did pick couple of things but not related to extension, only thing they picked on extension was roof covering which we knew at the time of viewing, due to been flat roof will need replacing sooner rather then later

Insurance - I was looking at comparison sites for house insurance and didn't see any questions regards "unauthorised work"

House price I don't think they will go any lower any more, compare to other properties on same road or very similar ones that sold recently house was priced £25 lower due to needed modernization plus we managed to get another 5K off, not saying is perfect house by any means but got potential


We have spoken to few people now regards this and our solicitor and everyone say the same thing, due to been so long is not a problem, our solicitor also asked them to provided indemnity insurance as she could see we was a bit worried.

 

[mrrusty]

@^woody^ , you are out of date. This taken from Citizens advice:-

"From 6 April 2013 your insurer must ask all relevant questions they need to know before you take out, renew or change a policy under the Consumer Insurance (Disclosure and Representations) Act 2012.

Before this date, you had to give any information to the insurer that may have affected their decision to insure you, whether or not the insurer asked all the relevant questions."

Insurance companies must now ensure that if they want info, they have to specifically ask for it. There is no longer any obligation for people to second guess what might be relevant or not.

 

[charliegolf]

Useful to know...

 

[mrrusty]

Useful to know...

Indeed! - To be fair, I've learned something too. I thought my advice was good based on what I thought I knew, but this thread made me check to make sure I wasn't talking Bx. I've also looked at the actual Act, and it says exactly this (although not in such plain english...)

 

[^woody^]

@^woody^ , you are out of date. This taken from Citizens advice:-

"From 6 April 2013 your insurer must ask all relevant questions they need to know before you take out, renew or change a policy under the Consumer Insurance (Disclosure and Representations) Act 2012.

Before this date, you had to give any information to the insurer that may have affected their decision to insure you, whether or not the insurer asked all the relevant questions."

Insurance companies must now ensure that if they want info, they have to specifically ask for it. There is no longer any obligation for people to second guess what might be relevant or not.

Above all, insurance is a contract, and normal contract terms apply. Misrepresentation, disclosure and good faith come to mind.

Typically, amongst other things proposals will have a question among the lines of "the building is in good repair and free of damage and defect of any kind - Yes/No". There will be other requirements within the schedule.

Unauthorised extensions, loft conversions, unchecked structural alterations or even wiring circuit extensions are high risk, and only a fool would think that insurers don't know that these things go on and won't be taken into account one way or another by insurers. And the insured does not want to find out the hard way when their claim is declined or reduced.

 

[johnny2007]

Never heard of any insurance asking for building control or planning certificate for a claim.
I have had loss assessors commenting on poor state of repair of certain things and adjusting the compensation accordingly.
But never questioned whether there were planning permission approved or not.
I suppose that if the house or part of it crumbled away for no reason, they would like to find the reason for it, but even the most bodged extension will take a couple of decades (and more) and total neglect to collapse.

 

[sxturbo]

i had this with my last house, turns out my local council only keep records of building regs for 12 years then bin them.

i've had no issue with insurance,