Regularisation - Supporting wall removal

[BD1367]

Hi all,

Looking for some advice, please. I'm in the process of buying a house whilst going through the checks I noticed a pending building application from 2016. Long story short, the sellers had an internal supporting wall taken out to open up the cellar and create a large kitchen area.

The seller started the building control application process didn't get building control to inspect at any point when he should have and therefore the app is still pending despite the works being done in 2016.

The seller doesn't have drawings or documents just some photos which the council are not accepting. I've asked the seller to do the necessary to get the works signed off by the council so I don't buy a house with problems and one I'll struggle to sell in future.

I just want to know what is required, is it as simple as removing some plaster where the beams are installed at either side and the council checking that they are adequate? Assume they are as there have been no issues since built and nothing glaring stood out when I viewed (to my moderately trained eye).

I'm getting itchy feet and don't have faith in the sellers abilities to oversee what's required so just want a general idea from someone in the know of what the process will be.

Thanks

 

[freddiemercurystwin]

If there are no cracks or other glaring defects that have occurred since 2016 then it's probably safe to assume that the works done to remove the wall were adequate despite the lack of any approval. Plenty of people buy such houses with no such worries, myself included. Regularisation involves removing enough finishes to be able to assess the works that were done were adequate but if Mr Building Control questions this beam or that support you may have a world of pain. BTW indemnity insurances are absolutely pointless despite what your solicitor may tell you.

 

[^woody^]

If the application is still pending, then it does not need to be regularised, just inspected. The inspector will state what he wants to see and how that is to be acheived.

 

[BD1367]

If the application is still pending, then it does not need to be regularised, just inspected. The inspector will state what he wants to see and how that is to be acheived.

Thanks for the reply. The application is still pending as the seller has not gone through the process, the works were completed 6 years or so ago so given this time frame it needs to be a regularisation. I was simply just wondering what would be required in the absence and f the council building control team who work about 3 hours a week

 

[BD1367]

If there are no cracks or other glaring defects that have occurred since 2016 then it's probably safe to assume that the works done to remove the wall were adequate despite the lack of any approval. Plenty of people buy such houses with no such worries, myself included. Regularisation involves removing enough finishes to be able to assess the works that were done were adequate but if Mr Building Control questions this beam or that support you may have a world of pain. BTW indemnity insurances are absolutely pointless despite what your solicitor may tell you.

Thanks for the response. I don’t think it’s an issue but I want to make sure that there are no problems down the line with selling etc. it’s my first house so want it to be proper and correct. Yeah indemnity is pointless as the council are aware now and regardless that only insures against costs if the council pursue me from a legal perspective, doesn’t cover the cost of any potential repairs

 

[camerart]

Thanks for the response. I don’t think it’s an issue but I want to make sure that there are no problems down the line with selling etc. it’s my first house so want it to be proper and correct. Yeah indemnity is pointless as the council are aware now and regardless that only insures against costs if the council pursue me from a legal perspective, doesn’t cover the cost of any potential repairs

Hi B,
Get the council to finalise the application, however long it takes.
You may want to sell it sometime, and cracks may have appeared by then. Their buying survey, would spot this
C

 

[cdbe]

Depends what BC have - full plans with structural calculations or a blank building notice. As said, if still standing might be better asking for a few £k off the price for you to deal with later.

 

[BD1367]

Depends what BC have - full plans with structural calculations or a blank building notice. As said, if still standing might be better asking for a few £k off the price for you to deal with later.

Thanks. Tried that and have made a reduced offer but seller is wanting to go down the route of sign off even though he’s out of his depth…

 

[freddiemercurystwin]

Then let the seller do that, as mentioned by others BC will expose what they need to and decide what if anything needs doing, at that point the seller should disclose that to you. We're all different, some won't give a hoot about this kinda stuff and others will have sleepless nights, kinda depends where you fall into that spectrum ......

Also depends if the mortgage company are getting itchy feet as sometimes they can do, assuming a mortgage is involved.

 

[^woody^]

has not gone through the process, the works were completed 6 years or so ago so given this time frame it needs to be a regularisation

No. The application is still live and things just need inspecting. It does not require a new application for regularisation.

 

[BD1367]

No. The application is still live and things just need inspecting. It does not require a new application for regularisation.

The council advised ‘They have told him that ‘pending’ applications only stand for 3 years and they cannot issue a regularisation certificate with the works being 8 years old.’ Who’s right and who’s wrong?

 

[^woody^]

So how long does the application remain "pending"? Indefinitely? It never ever gets completed or closed just remains as pending for evermore? No, it remains as pending until it work starts and becomes live.

If the application has been accepted and the fee paid then it's current and open, and whether its 8 week or 8 years it can still be continued.

Some councils do say that they "archive" applications that become inactive and try to charge a fee for unarchiving them. However, that's an archaic throw-back to when things were done on paper and were archived, and it should not apply for today's digital document storage and processing.