Question re extension built in 1985 not signed off?

[jeds]

You may need an indemnity insurance if the buyers solicitor asks for one. Some do, some don't. If you do need one they are easy and not too expensive - largely because no policy has never had to actually pay out!

Otherwise forget about it, but noting that It's really important you do not contact the council to ask about it. Once you do that you cannot then take out indemnity - should you need one - and you will be stuck with regularisation, or losing a sale.

 

[mrrusty]

You may need an indemnity insurance if the buyers solicitor asks for one. Some do, some don't. If you do need one they are easy and not too expensive - largely because no policy has never had to actually pay out!
Otherwise forget about it, but noting that It's really important you do not contact the council to ask about it. Once you do that you cannot then take out indemnity - should you need one - and you will be stuck with regularisation, or losing a sale.

The BUYER might need an indemnity if their solicitor insists - the seller doesn't have to pay for it. For work carried out in the 80's it a total waste of time. In my own case recently, I did check with the LA, as described above - making indemnity impossible. My solicitor then informed buyers solicitor that the works had been checked with LA and we were informed the work that had been done predated the records, so if they had any doubts about the work they should survey.

 

[frutbunn]

Otherwise forget about it, but noting that It's really important you do not contact the council to ask about it. Once you do that you cannot then take out indemnity - should you need one - and you will be stuck with regularisation, or losing a sale.

The council are already aware of it, it was subject to a b reg app and it was them that stated they would not accept a single step. A Regularisation can only be used for work carried out illegally and only for work commenced after 11 nov 1985, this work pre dates that otherwise the single step wouldn't be an issue.

 

[Rog200455]

Thanks for the continuing replies. Just to confirm that the work was completed certainly before Nov 1985

 

[sxturbo]

my last house had the extension done in 1995, it was a turnkey job for an elderly couple and one of them had become disabled and they had a live in carer. everything was above board, the chap sadly died 5 years later and the house was sold on, it passed through a couple of different hands. this was the story passed down from previous owners, and you could see evidence the house was changed for wheelchair access (no steps on the ground floor or elsewhere outside)

when i bought it in 2013, the issue came up of lack of building approval.

it transpired the council only keep records for 12 years and therefore it was impossible to obtain a certificate. this didn't cause an issue, and building control wasn't interested in coming round, in their words, its been up for almost 20 years, we are no longer interested, the house is still standing with no flaws evidenced by the house survey it is of no concern to us.

that was it, sale went through and we had a few happy years there.

when we sold 2 years ago again it wasn't an issue, we kept all the paperwork from the house sale so the solicitors had to do very little work, it was literally a copy and paste job for them.

 

[denso13]

Thanks for the continuing replies. Just to confirm that the work was completed certainly before Nov 1985

Nothing to worry about. If you come to sell and the buyer wants an indemnity policy just go with it. They are cheap as chips.

 

[frutbunn]

it transpired the council only keep records for 12 years and therefore it was impossible to obtain a certificate.

That is extremely unusual, every authority I've worked had all the records going back to 1858.

 

[sxturbo]

That is extremely unusual, every authority I've worked had all the records going back to 1858.

braintree council advise they only keep building control applications and certificates for 12 years

 

[jeds]

Just for clarity; don't contact the council now, otherwise an indemnity policy won't be possible. The first question is 'have you contacted the council?'. If you have the insurance company won't provide an indemnity. I do several of these a month and it can be costly, opening up, providing calculations that are long lost, making good etc. All a total waste of time and money when a simple Indemnity will cover it.

 

[frutbunn]

Just for clarity; don't contact the council now, otherwise an indemnity policy won't be possible. The first question is 'have you contacted the council?'. If you have the insurance company won't provide an indemnity. I do several of these a month and it can be costly, opening up, providing calculations that are long lost, making good etc. All a total waste of time and money when a simple Indemnity will cover it.

The council are already aware of it, it has a B reg application, it was the council who wouldn't complete it due to the single step. You can't claim on it anyway as it is over 30 years ago, enforcement cannot legally be carried out.

 

[denso13]

The council are already aware of it

That's not what it means. It means you can't contact them now about no completion certificate then take out an indemnity policy.