Building Regs compliance disclosure all the way back - unworkable?

Discussion in 'UK Finance' started by Postman Pat, Aug 13, 2007.

  1. Postman Pat

    Postman Pat Guest

    Recently, conveyancing solicitors have been checking on whether any
    alterations have been done, and if so have they met BR.

    An explanatory leaflet I have just seen from one solicitor says that
    while a Section 36 notice could in the past be served at most 12
    months after the work was completed, a test case in 2000 has changed
    this and now ALL alterations, no matter how far back, can require
    proof that building regs (presumably as they were at the time!) were
    met.

    They say that a mortgage lender will not lend on a property unless
    this has been verified by a surveyor. He will presumably compare the
    original builder's plans (if available) with the current state.

    One can get insurance but these policies are conditional on the
    Council's attention not having been drawn to the alteration, or to any
    subsequent enquiry.

    It appears to me that this is an unworkable system. Almost any house a
    few decades old will have had alterations. Possibly trivial ones like
    a rewiring, or walls removed, etc. If the lenders really won't lend,
    this is really going to cause havoc.
     
    Postman Pat, Aug 13, 2007
    #1
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  2. Postman Pat

    PeteM Guest

    Which solicitors have been checking on what property?

    What test case? The law is pretty clear about the 12 month limit.

    Proof is never *required*. It's always up to the purchaser, or more
    likely his solicitor, to decide whether they want to see a copy of a
    building regs certificate. Solicitors often encourage this, so that they
    can charge their client a bit more. It's a racket.
    How would the surveyor know what alterations were done and when, and
    whether they required building control approval at the time?
    Highly unlikely.
    Don't believe solicitors' leaflets. They'll say anything for money :)
     
    PeteM, Aug 13, 2007
    #2
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