Building regulations for 'old work'

[steve6501]

When I moved into my property in 2000 the rotting wooden porch was replaced on the front with an identical one but used PVC cladding instead of wood. The porch is behind the building line. The windows were also replaced with PVC also in 2000.

No planning applications were made. The buyers solicitor is asking for building regulation approvals for anything added to the original construction since the property was built. (the rotten porch was not in the original build)

I don't have any receipts now after 14 years. The property was built around 1960.

What should I do, please?

Steve

 

[skhudy]

Either say you don't have one and solicitors will ask for indemnity insurance, or apply for retrospective planning permission through the council (It's not that hard, they are very amenable to questions). In practice I believe to speed up a house sale vendors get the indemnity insurance.

 

[rjm2k]

Do not involve the council or it will complicate things and mean indemnity is not an option!

 

[Architexeter]

Ok,

Firstly lets break this down into two catergories Planning and Building Regulations.

So firstly did the porch need planning, surely it could be considered as maintenance and a photograph showing the old porch should put anyones mind at rest. Regarding the windows, theses also can be replace without needing permission unless you have any specific constraints, eg. listed/conservation area/PD rights removed?
In any case there is the 4 year rule which basically says that if no one has batted an eyelid in 4 years it is no problem and becomes lawful. To get this confirmed you can apply for a "Lawful Development Certificate" and submit evidence as necessary, However this takes time and I understand you are in the process of selling. I should think evidence of statutory legislation may satisfy the solicitors request.

Regarding Building Regulations, a porch is potentially exempt from building regulations up to 30m2 in area (thats huge) so it is likely that it was not required. Again showing the solicitor this legislation would help. A FENSA certificate would be useful.

See the planning portal for more information or speak to a planning agent that could potentially draft a letter to that effect.

Failing that it is indemnity insurance. As above, potentially the less said, the better.

Hope that helps, if so, next time you see an RNLI money box put in a few quid in from me, thanks.

 

[steve6501]

Thanks for thr information, much appreciated.

Additionally I refelted the garage room in 2005, but I assume thaat is classed as maintenance though?

 

[geraldthehamster]

The buyers solicitor is asking for building regulation approvals for anything added to the original construction since the property was built.

Replacement windows did not need building regulations approval until 2002, unless structural alterations were involved.

A porch under 30 sq m doesn't need building regulations approval provided it is separated from the house by an external door. I don't know when this dates from, but if it's true now it will have been at least as true in 2000.

Regards
Richard

 

[cjard]

Replacing more than 25% (i think) of a roof isn't really classed as maintenance..

That said, all this was done years ago. I'd write back to the solicitor and say "None of the additions to the house have a requirement for building regulations certification" - we just aren't saying whether thats because theyre exempt or whetehr it's because theyre outside the enforcement period

If they ask for more info, ask for specifics about what they want. It might be an idea to post the actual wording of their request, because you might have paraphrased it

 

[geraldthehamster]

Replacing more than 25% (i think) of a roof isn't really classed as maintenance..

It's a garage though, would it need building regulations at all if it's under 30 sq m?

Cheers
Richard

 

[Architexeter]

Depends if garage is detached.

The 25% rule is a Part L requirement and only since the previous 2008ish revision and as the garage is an unheated space its unlikely to require any Part L compliance anyway.

I certainly would not worry the buyer's solicitor about the garage roof.

 

[tony1851]

This thread should be added to the list of all those other threads demonstrating the ignorance and stupidity of some solicitors when it comes to Planning and Building Regulations.

These people are supposed to do conveyancing, yet many appear to know nothing of these particular aspects. What are clients paying them for?

 

[steve6501]

Thanks again for the swift responses.

The garage is integral AND is around 20% protuding at the front. The felt used was guananteed for 10 years so if it leaks after 2015 then there is nothing even I could do if i were staying!

I feel that since there is not much conveyancing going on at the moment the solicitors are being too thorough. Just wait till a boom comes and they will pass on anything!

S