Wyn Burgess

Registered with Property118.com
Saturday 29th August 2015


Latest Comments

Total Number of Property118 Comments: 21

Wyn Burgess

8:13 AM, 2nd June 2019
About 3 months ago

Loft conversion without planning permission or building regs

Most estate agents I know would describe a non compliant bedroom as storage but it was obvious they were DIY. If the conversion looked OK you'd probably struggle with a claim as they are not under a duty to search Building Control records, they can't in any event, only the vendor/conveyancer can do this. Vendor is under a duty to disclose if he/she knew.... Read More

Wyn Burgess

18:37 PM, 25th May 2019
About 3 months ago

Loft conversion without planning permission or building regs

As said work unlikely to comply and you will likely need beams into the party wall(s)(so party wall agreements needed with neighbours), new floor structure plus thermal and acoustic insulation and mains linked smoke detectors to comply with current building regs. The cost is likely to be the same as if you were building a new loft conversion (circa £35K plus VAT) here in Barnet and could be even more depending on how much of the old conversion needs to be removed. I apologise for not being more positive!... Read More

Wyn Burgess

8:32 AM, 25th May 2019
About 3 months ago

Loft conversion without planning permission or building regs

I've surveyed loft conversions in the past with this issue. To achieve Building Regs standards will almost certainly require a lot of work, beams, new floor, possible insulation, in effect the conversion has to be done again. Enforcement by Building Control is very unlikely as staff tend to be on performance related pay these days. I don't think a certificate of lawfullness is of much use as conversion is likely to meet permitted development rules already. As you say an indemnity insurance policy is of limited value and this is because of the low risk of enforcement action.
When you come to sell estate agents will either have to describe the bedroom as non building regs compliant or as storage as they (& you) could be accused of misrepresentation subsequently.
I'm sorry this is not the answer you were hoping for, certainly I would try and discount most of the value of the additional bedroom when negotiating the sale price.... Read More

Wyn Burgess

8:55 AM, 19th January 2019
About 7 months ago

Newly converted flat has 1 inch gaps?

I think any remedial works now will be disruptive & expensive as flat below will be fully finished. Builder is not telling the truth, no builder can insure against defective work as not available from insurers as they would quickly go broke. They only have employers, public & third party cover. Perhaps builder is talking about a 12 month guarantee on his work? You could still claim as you did notify during the 12 months but I suspect another reason will be given to avoid liability.
There is specialist non negilence cover available but that is expensive and would not cease after 6 months - this won't have been taken out.
Building control have no liability as they are only liable if something breaks that they have approved and an injury is caused -yes I know what is the point of BC?
My guess is that an existing floor or beam has been overloaded as a result of the conversion and you need an SE to find the cause.
If there was an SE engaged by the builder you may have a claim against him/her as we are the only ones in this situation who are insured. Chances are though builder did the conversion without an SE and did not follow the building control officer's reccomendations because this was too costly.
I guess the remedial work will have to be funded by the lessees, suing the builder is possible but will go insolvent before it gets to court.
Building insurers won't pay (NHBC though would) as only subsidence cover included in most policies.
I'm sorry my assessment isn't more positve.... Read More

Wyn Burgess

14:57 PM, 24th November 2018
About 9 months ago

Building control Dilemma?

If doorway was not on original approved plans I would ask BCO to issue completion certificate. They may want to inspect in which case you may be lucky that they don't insist on the doorway being reinstated. I find BCO's very difficult in these circumstances and trying to get Barnet Council to issue completion certificates is almost impossible despite property passing final inspection.... Read More