Question re extension built in 1985 not signed off?

[Rog200455]

In 1985 we had a bedroom built over the garage and the builder also knocked the kitchen through to an area that used to be a passage, coal store and downstairs loo.

It was a turnkey job by the builder - planning permission was obtained, plans drawn up and the building inspector made his occasional visits during the build. I remember him requesting that they dig the foundations deeper and a few other points.

The problem is that we ended up with a step in the kitchen, as the level of the area knocked through to was lower than the original kitchen. The inspector said " you can't have a step in a kitchen" and the whole job was never signed off. We were young at the time and didn't take it any further. We are in our 60's now and the step has long gone, the floor having been made level some years ago.

We are not looking to sell, however that may happen one day, so I wondered if we would face problems if we do ever sell and what action we could take to minimise that?

 

[Mottie]

Isn’t there some rule that a building can’t be challenged after a set time. 10 years?

Edit: It might even be 4 years. https://urbanistarchitecture.co.uk/...-application-for-existing-use-or-development/

 

[mrrusty]

We are not looking to sell, however that may happen one day, so I wondered if we would face problems if we do ever sell and what action we could take to minimise that?

On the house info form, I would just say that the house was extended some time back in the early 80's and there is no documentation, and leave it at that. It's what we did - no issues.

 

[Rog200455]

Isn’t there some rule that a building can’t be challenged after a set time. 10 years?

Edit: It might even be 4 years. https://urbanistarchitecture.co.uk/...-application-for-existing-use-or-development/

Thanks for that but the article seems to relate to planning permission (which we have) and doesn't mention our problem of building regs approval

 

[Rog200455]

On the house info form, I would just say that the house was extended some time back in the early 80's and there is no documentation, and leave it at that. It's what we did - no issues.

Ah that's encouraging, it's always good to hear from someone who has actually sold in similar circumstances

 

[Notch7]

In 1985 we had a bedroom built over the garage and the builder also knocked the kitchen through to an area that used to be a passage, coal store and downstairs loo.

It was a turnkey job by the builder - planning permission was obtained, plans drawn up and the building inspector made his occasional visits during the build. I remember him requesting that they dig the foundations deeper and a few other points.

The problem is that we ended up with a step in the kitchen, as the level of the area knocked through to was lower than the original kitchen. The inspector said " you can't have a step in a kitchen" and the whole job was never signed off. We were young at the time and didn't take it any further. We are in our 60's now and the step has long gone, the floor having been made level some years ago.

We are not looking to sell, however that may happen one day, so I wondered if we would face problems if we do ever sell and what action we could take to minimise that?

If you sell just take out indemnity insurance if it's picked up as an issue.

Stupid solicitors don't have a clue about building regs, they just try andcframecanything as an issue until refuted.

 

[Rog200455]

If you sell just take out indemnity insurance if it's picked up as an issue.

Stupid solicitors don't have a clue about building regs, they just try andcframecanything as an issue until refuted.

Thanks, seems I am probably worrying unnecessarily

 

[Mottie]

My father in law turned his 2 bed bungalow into a 5 bed 3 bathroom double story house. Never got it signed off (probably too tight to pay the rates on a 5 bed house). We only found that out a few years after he died when the MIL was selling up to move to a smaller house. Didn’t cause any problems at all for the purchaser. That must have been about 10 years ago and about 12 years after it was finished.

 

[Lower]

We had a step in our old house kitchen.

The previous owners had got planning permission for a kind of garden room on the back of the house, done the work, but not got building regs sign off.

We bought the house like that, then knocked through from the small original kitchen into the garden room and then converted the whole area in into one large L shaped kitchen diner. It had a step down from where the old kitchen joined the garden room.

When we sold the house, the question was raised about the lack of building regs sign off (work started 12 years prior to our sale) and we purchased an indemnity. No questions were asked about the kitchen step.

 

[mrrusty]

Forget indemnities! It's all history - if there was any non-compliance it's far outside any enforcement period and way before universal computer records so if there are any records they'll probably be buried in a dusty file somewhere. It's buyers prerogative to survey and make a decision.

 

[Notch7]

Forget indemnities! It's all history - if there was any non-compliance it's far outside any enforcement period and way before universal computer records so if there are any records they'll probably be buried in a dusty file somewhere. It's buyers prerogative to survey and make a decision.

I agree -there should be no need for an indemnity after all that time.

 

[frutbunn]

For b control to query a single step the work must have been carried out under the Building Regs 1976, if you'd submitted the application under the 85 Regs after 11 Nov 85 that requirement was removed. You could have applied for a relaxation of the B Regs at the time or even now, though that's irrelevant now if its been levelled.
As for indemnity its a total waste of money, it only insures against potential enforcement action which was statute barred after one (subsequently increased to two) year from completion of work, so you'd be insuring for something that couldn't happen for well over 30 years. In any case I believe you can only get insurance for this if the local authority are unaware of the work.
If this was the only outstanding item, which you have now corrected, then you could just request an inspection, contrary to what is suggested, its not much more difficult for local authorities to retrieve old records, everywhere I've worked we had them going back to 1858, though one place the 19th century records were indexed only by the name of the applicant, so without a name it was a pain to find anything.
If its OK then your LA may issue a completion certificate, though at the time they weren't a legal requirement, or a letter confirming its satisfactory which effectively means the same thing.

 

[mrrusty]

contrary to what is suggested, its not much more difficult for local authorities to retrieve old records

When I enquired about the sign-off or not for works carried out on my previous house (preparing for sale), which I know was done early 80's, my LA just put it straight in the "too hard, we have no information, not interested" pile. They told me if it was pre 85, it was irrelevant.

 

[frutbunn]

When I enquired about the sign-off or not for works carried out on my previous house (preparing for sale), which I know was done early 80's, my LA just put it straight in the "too hard, we have no information, not interested" pile. They told me if it was pre 85, it was irrelevant.

Can't be arsed is what they really meant, they just gave you the official version. Done it myself when all the '50's applications were in the the dirty old abandoned offices at the top of the old town hall, though I did make more of an effort to retrieve my parents original house plans and for the original 1860's plans for the land lady of my local pub, free beer being a good incentive!

 

[Lower]

Forget indemnities! It's all history - if there was any non-compliance it's far outside any enforcement period and way before universal computer records so if there are any records they'll probably be buried in a dusty file somewhere. It's buyers prerogative to survey and make a decision.

We only purchased an indemnity because it cost about £30 and smoothed the sale. At the time it wasn't worth the argument.