House Purchase and building regulations

[Binky]

We are purchasing a house and the surveyor has noticed that an internal wall has been removed.

This wall was a dividing wall (not load bearing we think) between the bathroom and a separate toilet which has been removed some time ago, not by the present vendors. We understand from the solicitor that some kind of certificate or permission for this work to have been carried out should have been issued, but the vendors do not have it.

Does anyone know exactly what permission was needed and how difficult it would be to get this retrospectively by either the vendor or by us after we have moved in.

Any advice would be appreciated.

Thanks.

[lady_p_gold]

You or your vendor need to contact the building regulations department of your local council. The solicitor acting for you in your purchase could ask the vendor to provide the documentation but if it turns out it was never applied for, then I would be a little wary as you may find that you may have difficult in re-selling the property if alterations have been done without proper planning permission if it was required, or building regs.

[buildersmate]

If the building was Listed, one might have needed Listed Building Consent, not Planning Permission for this work. Planning Permission doesn't come into it. If it was a load-bearing wall then Building Regulations approval should have been sought, otherwise I can't think of any reason why your solicitor should think BR approval is required since there is nothing in the hygiene part of Regs to say the toilet and bathroom must be separate. If the dismantled wall was upstairs and the house has normal roofing trusses and the cold water storage tank is not located immediately above this area, it is most unlikely to be load-bearing. But one can't say for definite without looking at it. Why can't the surveyor say 'I note the wall has been removed but it doesn't appear to be load-bearing' - he/she is perfectly qualified to make since a judgement. Is he/she looking to provide a Homebuyers Survey for more � perhaps?

[buildersmate]

You didn't, but Lady P did.

[Binky]

The building is not listed. It is a 1960 built ex-local authority house. Thanks for all your answers. It was the surveyor that pointed out that confirmation of building consent would be needed on the valuation survey. I don't think he would have gone up into the loft to see where the tank was, but the roof is a normal tiled roof. What do people know about indemnity insurance purchased by the vendor for this type of thing?

Thanks.

[themas]

Indemnity insurance is normally inexpensive for this type of thing. Your solicitor should ask the vendor's solicitor to get it at the vendor's cost unless it can be definitely confirmed that building regs. approval is not required. (Getting this confirmation might involve asking the local authority building regs. dept. to come & look at the room.) The indemnity insurance should stay with your title deeds so it can be produced when you come to sell.

The whole issue sounds rather like the surveyor was covering his back, rather than using his professional judgement.