Conservatory/Extension Building Regs help!

[questionsquestions]

Hi all,

I am in the process of buying a property that has a conservatory (glass roof, one wall is completely made of bricks).

However, there is no internal wall to the lounge. It has been opened up, the flooring goes through from the lounge to the conservatory and the wall is open with an archway in it.

Our homebuyers survey noted this and suggested we check the correct approvals were in place. The vendors solicitors said it was built in 2006 and planning permission and building regs approval were not required!

I was under the impression that if there was no internal door/wall then it is not treated as a conservatory but an extension and building approval would be required? Not sure about planning permission?

I am waiting for the other side to respond to my solicitors letter asking for proof as to why no approval was required. Putting the doors back on is not really an option by the way as it would ruin the look of the room. The vendors have refused to do this anyway.

In the mean time I would appreciate some advice on the situation.

I know that an Indemnity Policy can be put in place but this means that we cannot contact the building control department without invalidating the policy.

In that case how do I go about finding out what works are required to get building control to approve it in its current (open plan) state? We asked the surveyor who did the home buyers report but he was vague mentioning thermal values but nothing specific.

I am worried about what will happen when we try to sell it and also I do not want to end up with a bill for thousands for putting it right. If we ask to reduce the price of the property due to this problem I would like some proof as to what it would cost to do the work but do not know how to find this out?

Thanks in advance...

[questionsquestions]

One other thing....I just saw this on one councils website...does this mean the rules about internal door/wall did not apply until 2010? The building control inspector I spoke to today said this rule came into force in the 1990's???


"From 1st October 2010 where any wall, door or window separating the conservatory or porch from the main building is removed and it is not replaced with a wall, door window; or the main buildings heating system is extended into the conservatory or porch - you will be required to submit a Building Regulation application showing how you intend to comply with the energy saving provisions of the Building Regulations"

[Richard Webster]

I think there was a loophole in that as far as building regulation enforcement was concerned you could build the conservatory with a door to the rest of the house and it would then be exempt. There was no building regulation that required approval for the removal of a door so some people got round it that way. A building inspector once told me that's what you could do.

However if the conservatory was built and no door was installed at that time it wouldn't have complied.

So they now require proof that the heat loss issues etc are dealt with if a door is removed. Most buyers' solicitors take the view that if there is no door it doesn't comply.

Unlikely council will actually do anything about it unless they come round to look at something else you are doing.

When you sell some will like the house and not bother about the loss of heat issues etc and regard the need to keep lenders sweet by providing an indemnity policy as a minor irritant. Other will be more worried - unfortunately some people out there worry about anything, and as a solicitor I have to advise clients that they may have a buyer in that category.

[questionsquestions]

Thanks for the reply Richard...

Originally Posted by Richard Webster

Unlikely council will actually do anything about it unless they come round to look at something else you are doing.

I was discussing this with my solicitor in the week as Building Control have been round last week and are coming round next week to sign off work to get the loft conversion up to scratch. The vendors probably closed the door to the lounge so they couldn't see the conservatory!

We haven't exchanged contracts yet and are waiting to hear the response from the vendor's solicitor as to why they think it is exempt from building control regulation. Then we will go from there!

[ruby2shoes]

Hi

I am sorry if I have put this question in the wrong place, I am desperate for some advice. A family memeber who is a builder (30yrs in the trade) built an extension on the back of my house. He was removing and replacing my old one which was built by his brother, as it wasn't very good to begin with but nothing we could do about it. He told me the extension does not need building regs etc as its a timber frame with plastic cladding, bifold doors and clear poly roof. Fine I thought he knows what he is talking about. Foundations, amp course put in etc. The extension was built but he started dragging his heels as the money has ran out, he was doing other jobs instead of mine. I have found out that he classed his work as a conservatory so it didn't need building regs but it is an extension, there are no doors or windows seprarating it from the house. He is refusing to do anything about it, he said it doesn't need building regs as he has the same thing. Plus he said regs change all the time. Also he stated in his 30 years in the building trade he has never had to get building regs involved as that is down to the customer. The extension is fine, I know the foundations, damp course was done etc but I am worried now because building regs haven't checked it! They could remove it. I remortgaged to get all my house done, decorated, indian stone garden, new flooring throughout, fireplace, skirting, new fromt door. None of this has been done. He said he didn't quote the job correctly so needs more money. I haven't got it, I remortgaged for what the quote said (a little extra but not thousands!). So now I am stuck with an unfinished house, no building regs and no money to put it right. Does this so called Uncle of mine account for any responsibility? I have got receipts of money I gave him, all cash. I have 3 children and we were looking forward to a lovely home and its ruined. I feel such a fool but never did I expect to be ripped off so badly by family. My main concern is calling the council to explain everything. I am worried about the costs, if they tell me to remove it or I have to damage it so they can inspect it. Just a little advice please, I am hoping there is a little light at the end of the tunnel. If I have repeated myself and there are already answers on the site, I am sorry. Thank you.

[Richard Webster]

Also he stated in his 30 years in the building trade he has never had to get building regs involved as that is down to the customer.

Did you really believe him when he told you that?

[ruby2shoes]

He told me that yesterday in a text! I added that quote to show what kind of person I'm dealing with!

[Long75]

My interpretation is that if the doors separating the conservatory from the dwelling are removed then this removes the conservatory exemption and it should comply with bg regs.

Conservatory construction is notoriously poor and therefore it will not comply as built.

The solution is to provide or reinstate the dividing doors.

hth