No build over agreement

[Kith]

Hi,
Hopefully you guys can help, I'm looking to purchase a house that had an extension built in 2017. The extension is on top of a public sewage pipe, however there was no build over agreement obtained via Thames Water. The vendor has produced a signed building control final certificate for the extension. Would building control know about the pipes, and take this into consideration, would they not need to see a build over agreement first to sign it off?

The vendors want me to get indemnity for this, but for some reason it just doesn't sit right with me. Surely it would put off perspective buyers when I choose to sell further down the line as this isnt a problem that will ever truly go away. There will always be a risk that without a build over agreement problems may arise, especially as insurance companies are a pain to deal with. I suppose even with an agreement in place they would still have to fix the pipe if there was a problem.

Any advice would be appreciated, should I just pull out?

Thanks

 

[DevilDamo]

Some Building Control departments are more pro-active than others. I don’t know how private Building Control/Approved Inspectors deal with BOA’s but my experience with Local Authority Building Control is upon receipt of an application, they carry out an in house check for any public sewers. Following that, they would get in contact with Thames Water and the homeowner would receive a letter from TW asking them to confirm whether or not the proposals warrant a BOA. Reason being is that TW took ownership of the majority of these private sewers back in 2011 so don’t yet have details for everybody’s drainage and rely on homeowners, agents, etc... to let them know.

I was involved on a project where I asked the clients if they were aware of any public sewers to which they weren’t. Building Control carried out their check and their records appeared to show a public sewer on the line of our extension. Again, my clients were convinced it wasn’t there and the contractors also backed this up. As a result of that, works proceeded and were subsequently completed/signed off. My clients received another letter from TW but this time with a print out of the drainage search which indicated there to be a sewer below our extension at approx. 1.8m deep. I went back to the contractor to ask about the foundations and they confirmed they had only gone down to 1.2m and which is which is why they never came across it. Bear in mind this was a 225mm dia mains sewer!!! The clients were looking to seek retrospective approval from TW as the process involved a contractural agreement in addition to various CCTV surveys.

 

[^woody^]

Any house purchase involves risk. The idea is that you adjust the price to cater for the risk you are prepared to accept. When you come to sell its the same thing. If someone wants the house they will buy it.

Building control should know about pipes and ensure they are properly built over. They will have site inspection notes.

 

[Old Salt]

I had a planning issue when I sold my last house and paid for an indemnity policy. The cost is based on the value of the house apparently. Mine was in the region of £65 for about £275k. So not huge amounts.

As far as I know they can only be obtained by a solicitor and for an issue that has not been reported i.e. Building control, planning, water or other utility etc.

If the owner cannot prove the build over agreement was not required, or was obtained let them pay the premium, after all it is they who want to sell the property.

It can cause issues when you come to sell but afaik the indemnity remains in place for subsequent buyers. Ask your solicitors view after all they are being paid to make sure the sale is carried out correctly.

 

[Londoner2]

Not everyone goes for Build over agreements, my neighbour insisted he did not need one (he does as his foundations are within 3m of a public sewer), he still went ahead without one.

When i did my extension i got an agreement.

Another houseowner on my road did not know what a buildover agreement was but still went ahead with one.

LA Building Control did not mention anything, i guess it will crop up when they sell during searches.

 

[phatboy]

The vendors want me to get indemnity for this

If they want to sell their house, they should go ahead and indemnify it in order to secure a sale - it's their problem. Whats more, if things went wrong just prior to completion, you could own an indemnity for a property you don't own!!!

 

[Kith]

Hmm, I suppose the question is how much does this this devalue the property.

Getting a CCTV survey of the pipes would also be recommended too?

Not sure I love this house enough to take on the risk or hassle of all this.

I'd definitely insist they pay for their own negligence, with regards to who pays the indemnity.