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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10428
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Buying a house which i believe a wall has been taken down to

Customer Question

Buying a house which i believe a wall has been taken down to make open plan kitchen/ living area but i cannot prove it. The house was built in 1985 and i dont know who the builder was and i dont have any plans. The seller has took the clause out of the contract stating he isnt aware of any work that has been carried out and will not show proof of works been done like building warrents etc. this has made me feel uneasy
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

Your Solicitor should ask if the wall in question was a load bearing wall. If it was, then the Seller should have obtained Building Regulations approval for the work.

Unfortunately, not all Sellers obtain such approval and if there is no evidence that Building Regs was obtained, you should at the very least ask for confirmation that a steel joist was inserted (called an RSJ) so there is adequate support.

If the Seller can not confirm this, you will be advised by your own Solicitor that as you are buying the property in its existing condition, it is up to you to satisfy yourself over the state and condition of the property/the structure over where the wall used to be. You can only do this by instructing your own Surveyor to inspect, and to check that a steel joist is indeed in place. This would entail some plaster work having to be removed, and the sellers would need to agree to this.

If the Seller can not remember if Building Regs was obtained, your Solicitor will be carrying out a Local Search against the Council and this will disclose any planning history relating to the property.

I hope this helps and sets out the legal position.

Kind Regards

Al