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Is this required for selling house

Discussion in 'Building Regulations and Planning Permission' started by crappy, 21 Oct 2021.

  1. crappy

    crappy

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    Afternoon all,

    edited to abbreviate. Sorry

    I am selling my house and have been advised by solictor to pay for an indemnity policy as I cannot find a number of certificates including a FENSA cert. Should I do this or should I "fight my case"?


    thanks
    C
     
    Last edited: 21 Oct 2021
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  3. garyo

    garyo

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    Permitted development relates to planning permission - whether you are allowed to build or alter something.

    Building regulations relates to building something to code - i.e. complying with electrical safety, structural integrity, ventilation requirements etc.

    They're completely separate and unrelated.
     
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  4. cdbe

    cdbe

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    Pay the solicitors for their indemnity policy "scam" and think yourself lucky that the sellers are not: pulling out, asking for a price reduction or insisting you get regularisation certificates.
     
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  5. HERTS P&D

    HERTS P&D

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    Pay the indemnity policy and don't worry. If they want to reduce the price, tell them to jog on, there are more buyers than sellers!

    Andy
     
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  6. JP_

    JP_

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    yeah, I had to pay £150 for a policy because I didn't ask Barratt homes if I could do a loft conversion, about 20 years after buying the house.
    Apparently, they could still object to it!
     
  7. Lower

    Lower

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    Fensa certificates for windows are only required for replacements, not for new, so you don't need a fensa certificate for the windows in your extension.

    However, considering the value of the house sale it will probably be worthwhile to just pay for the indemnity than argue.
     
  8. mrrusty

    mrrusty

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    My answer would be, if you want an indemnity, pay for it yourself. If you want to know the buildings condition, have a survey. Lots of buyers around. And always answer "don't know" on any house info form. The reason you "don't know" could be a medical condition that you have no memory. Let the buyers decide if they want the house or not. You can never be accused of lies for a "don't know".
     
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  9. crappy

    crappy

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    thanks. I've since also spoken to a friend in the trade (he's an inspector) and he echoed exactly what has been said here. Pay it and move on. In the greater scheme of things it's not a lot of money at all and makes a "problem" go away. I like those solutions. :)
     
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  11. clifford1

    clifford1

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    I've read that indemnity policies only pay for the cost of regularising the paperwork, not the actual cost of doing any work that might be found necessary in order to obtain the paperwork.
     
  12. mrrusty

    mrrusty

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    IMO they are not worth the paper they are printed on. Even if work is non compliant/doesn't have certification, the indemnity only insures the legal risk of building control taking action against non compliant works, and in 99% of cases that I have seen quoted the work is out of time for BC to take any action anyway. e.g. https://hoa.org.uk/services/ask-an-...estions/selling-without-building-regulations/
     
  13. johnny2007

    johnny2007

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    Exactly.
    In out borough, the council BC and planning don't enforce anything 6 years old or more.
    Good if you have built something without permission, bad if you want it regularised.
    The only way to make them come out for an old structure is to make it dangerous.
    So in your case, they're being petty.
    Fensa certificate???
    Does it mean anything?
    No, it's just a useless piece of paper.
     
  14. mrrusty

    mrrusty

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  15. johnny2007

    johnny2007

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    As far as I know, they inspect undeclared buildings of 6 years and younger.
    Whether is for enforcement or regularisation.
    Unless the building is dangerous in which case there's no time limit.
    That was last time I got involved with building a new extension.
    Things might have changed.
     
  16. charliegolf

    charliegolf

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    Exactly this.

    My nephew is buying a house at the mo, and pretty much every response on the form is, 'not known'

    Does the house have walls? Not known.

    Maybe not that bad, but certainly for the CH question.
     
  17. freddiemercurystwin

    freddiemercurystwin

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    All this bravado is all very well when you're not in a chain or you're in no hurry or are downsizing or whatever but when you're in the midst of a chain, you're nuts deep in paperwork/mortgage applications approved the missus is already emotionally attached etc etc and your buyer is as pig headed as you what ya gonna do? In a few years time a few hundred quid spent during a sale will soon be forgotten. The implications both financially and mentally of losing a house sale however can effect you for years.
     
    Last edited: 22 Oct 2021
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