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c) The Council could take enforcement action against you requiring you to undertake costly rectification works and causing you the considerable inconvenience.d) If you are a cash buyer you can choose to take on these risks but, if you are buying with a mortgage, we will need to report the facts to your mortgage lender and the bank will almost certainly require some form of further protection from the risks. a) The best solution for you may be to ask the seller to apply for retrospective Building Regulation Consent from the Local Authority.You will still need to rely on your surveyor’s advice regarding the quality and standard of the work undertaken.A seller may be reluctant to apply to the Council for Retrospective Consent on the basis that it could open up “a can of worms” if the Council decides that the work carried out does not comply with the Regulations and remedial works are required in order for it to do so.Are you thinking of buying a property but are concerned that alterations have been made to it without the appropriate Local Authority Building Regulations Approval?Our Property Law Specialists at AMD Solicitors look at the issues.
b) Currently, the most common way to deal with a non-compliance issue is to take out a Lack of Building Regulation Consent Indemnity Insurance Policy.
The Policy will only provide cover for costs and losses suffered by the property owner as a result of enforcement action being taken by the Council.
They will not provide any form of guarantee for the quality of the works and will not cover losses resulting from any defects in the works. Insurer’s terms will vary but they usually include:- a) That if consent for the works has already been refused by the Council then the Policy is invalid.
Buying and selling a property can be a complex and sometimes stressful experience.
Our experienced Conveyancing Team at AMD Solicitors can advise you on the issues you may encounter when you are buying or selling a property and guide you through the process so that you can have peace of mind.The reasons for this vary but range from ignorance of the law to a deliberate decision not to apply for consent where it is clear that Building Regulation Approval would not have been granted for the works.