I am buying a property, when the seller is unable to provide either building regs, or a fensa cert for windows installed after April 2002.
I may be "happy" with the windows, however this question will undountable come back to me when the property is sold by me, unless I replace the windows in the meantime.
What is the remedy?
Building regs application - as long as the windows meet the current regs, they'll pass them and give a certificate. Costs about =A350 I think.
A
If you want the place - get on with it and buy it.
Chances are people will lose interest in this over time - so you may not even be asked the question when you move.
If you realy want to spend some money for paperwork then you could either ask the vendor to provide building regulations indemnity insurance (this is cheap since it is to all intents and purposes impossible to claim on), or you could apply to have the windows regularirsed by bulding control (for which they will charge a fee).
Does Buildings Regulations Indemity insurance, cover the entire property against BR enforcement or just one issue? I.e if the vendor is required to takeout a policy for a conservatory, would this also cover then issue of the windows? - does the premium change?
Simon posted
No enforcement action can be started relating to a structure built more than one year ago. So the simplest remedy is to sack your solicitor and forget that he wasted everybody's time asking for BR approvals. If you are asked the same question when you come to sell the property, pass this information on to your purchaser, and advise him to sack his solicitor too.
I dont see any problem that needs a remedy
NT
Not strictly trust as I understand it.
"You can't be served with a section 36 enforcement notice more than 12 months after the date of completion of the building work, but this does not affect a local authority's (or any other person's) right to apply to the courts for an injunction for the same purpose" See Cottingham v Attey Bower & Jones
However I am not aware of a case, where this has happened.
Nevertheless, as a solicitor is keen to cover their own back they will usually insist on indemnity, even though there will never be a claim on it.
A risk of zero out of 10s of millions so far then. Not bad. With most houses you'll have real issues, makes little sense to concentrate on the imaginary ones.
Determined prosecution does occur, eg Mr Nseowo, but for something as trivial as lack of paperwork on a window I dont see you being in grave danger.
NT
whethere enfordement action can be taken as not
Would YOU buy a property that may have been built shoddily?
tim
No, but do you imagine that a piece of paper from a contractor self-certifying his materials and work is a warranty that shoddy materials and workmanship have not been used?
The message from snipped-for-privacy@care2.com contains these words:
That was a planning issue, not building regs.
Simon posted
It's as strictly true as anything in law ever is.
It is never used because it is a very expensive procedure that is very likely to cost the local authority (and its ratepayers) a lot of money to no purpose whatsoever. Many BR departments, including my own LA's, publicly state that they wouldn't do it except maybe where some building is a major public hazard.
... i.e. justify their own fees ...
You are most likely to find someone, like yourself who would be happy, and will have the common sense to realise that they are OK.
Also it will such a while since they were fitted, so that there will be no probelms or interest from building control.
dg
most people do
NT
most people do. The absence of a piece of paper and shoddiness are not the same thing anyway. Or even close.
NT
People buy homes made by Barratt or Crest all the time. What was the question again?
To the OP - if you like the house, buy it. Nobody, apart from a few beauro-anal types like your solicitor gives a damn anyway. Most people can apply enough common sense to differentiate lack of building control on a structure="potentially dodgey" to lack of control on anything Part-L related="so what?"...
Even lack of Part P control is hardly a problem IMHO - in the worst case, get a PIR done as that is all most LBAs do for the final inspection.
Cheers
Tim
All building regulations compliance is about whether something meets the regulations or not, and nothing more. The fit and finish can be disastrous yet still comply.
.. and he only does because there might be money in it from extra time and writing of letters.
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