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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10228
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We added a wet room to our property and are wondering

Resolved Question:

We added a wet room to our property and are wondering whether upon sale this will raise any issues with buyer seeking assurance that addition complies with building regs?
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
If we don't have the relevant certification what are our options?
Customer: replied 3 months ago.
To clarify it is a shower room not a wet room
Expert:  Aston Lawyer replied 3 months ago.

Hi,

Thanks for your enquiry.

To enable me to answer you fully, could you please confirm the following-

1. Is the shower room an extension or was it incorporated into the existing dwelling?

2. If it is not an extension, was any structural work carried out?

3. When was the work carried out?

4. I take it that you did not obtain any planning permission or Building Regulations approval for the work?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 3 months ago.
Hi AlThanks for the response.1. It was incorporated into the existing dwelling (an existing bedroom was partly sacrificed)2. I'm not sure what constitutes structural work but a dry wall was erected to enclose the shower room.3. The work was completed over 12 months ago.4. I don't think planning permission is required but what seems to be missing is building regulation certification.I understand you may be able to obtain this retrospectively from the council but I guess the risk you run is they ask you to redo the whole thing if it is not compliant?Alternatively, I understand you can purchase insurance to indemnify a buyer against the risk that the council asks for rectification. I gather this risk is relatively low in that the council would need to come to know of the alterations and after 12 months would need to enforce rectification through a court?Just trying to weigh up what makes most sense in terms of options.ThanksEd
Expert:  Aston Lawyer replied 3 months ago.

Hi Ed,

Thanks for your reply.

As there has been no extension, planning permission would not have been required.

As regards ***** ***** this should have been obtained if you had knocked out any load bearing wall. Likewise, if you had added new plumbing or electrics, this work should have been given Building Regs by the appropriate installer.

From what you have said, and I am not a Building Control Officer, it does not appear that Building Regs would have been required for the alteration only may have been needed for the plumbing/electrics if applicable.

The 2 options you have are-

1. Obtain the advice of an independent Building Surveyor to see if Building Regs should have been obtained.

2. You do nothing, and as and when you sell, you can indeed offer a Building Regulations indemnity policy to your Buyer if the issue/query is raised over the shower room. Such a policy is quite cheap- £50-£100 depending on the value of your property and is a one off payment. A Policy can be issued and arranged by your Solicitor provided the work was done over 12 months ago (as you seem to be aware, the Council can only take enforcement action against you if the work has been done less than 12 months ago).

If you go for option 1, and it turns out Building Regs was required, you do of course run the risk of having to carry out remedial works if the Building Control Officer is not happy with the work in its current state.

I therefore have to leave it to you to decide which way you want to proceed.

I hope this assists and sets put the legal position. I must say, indemnity policies are very much a reasonable cheap solution which most clients rely on.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 3 months ago.

Hi, if I have helped, I would be grateful if you could rate my answer. Thanks Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10228
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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