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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am considering moving house and have had an offer accepted

Resolved Question:

I am considering moving house and have had an offer accepted on a property.
However the Vendor has had work carried out some years ago, namely 2 living rooms
converted into 1, without Building Regulations or Completion Certificate.
I've no doubt the work has been carried out satisfactorily, RSJ etc., but the Vendor
through lack of funds, wants me to arrange retrospective approval and he will deduct
costs from the purchase price.
Can you advise.
DW Sudlow
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

When were the works carried out?

Has your solicitor made any suggestions with regards XXXXX XXXXX indemnity policy?

Customer: replied 5 years ago.

The work was carried out in 2005 --- my Surveyer advised me against taking out

a indemnity policy.

Expert:  Thomas replied 5 years ago.

On what basis did he advise against it?

Customer: replied 5 years ago.


I haven't been able to contact my surveyor at present, but I believe he feels this would be an ongoing problem with future sales of the property.


DW Sudlow

Expert:  Thomas replied 5 years ago.
Hi DW,

I'm on the move right now. May I answer in an hour?

Expert:  Thomas replied 5 years ago.

Thanks for your reply.
There are two options with respect to the resolving the property of the works.
The first is to apply for retrospective planning consent and building regulation approval. This may take some time and f it comes back and there are remedial works required to regularise the position then more time and money would be lost so you’ve got to balance this way forward with the time requirements of the transaction.
The second would be to ask the buyer to make an allowance from the purchase price in order that you may obtain a Building Regulations/Planning permission Indemnity Policy in respect of the works. This would cover you against the loss you would suffer in the event the local authority took enforcement action. You could only get this if no-one has informed the LA of the works. If they already have then it’s a non-starter because the policy would be automatically invalidated. You should ask your conveyancing solicitor to explain the terms of cover.

The planning permission aspect of the policy would only be required for a further three years. Once the works have been in existence for 10 years the LA cannot take any enforcement action in this regard. However, if the works do not comply with Building Regulatiosn then they can always take enforcement action irrespective of the length of time the works have been in existence.

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