买的房子之前的alterations没有得到authority consent，怎么办

我爱我家
#1

我刚收到律师消息，说这个房子20多年以前所做的更改是没有得到许可的？

然后律师的解决办法是找到另外的第三方公司去做一个report，去证实，之前所做的改变是不是comply with local regulations.

律师的意思是，If the report being obtained confirms the older alterations comply with the regulations, we obtain declarations from the seller that they were carried out more than 20 years ago and are provided with an Indemnity Policy to cover the absence of consents there should be no bar to us proceeding.翻译过来是，如果这个合规，那么我们会获得declarations且卖家会使用Indemnity Policy 去弥补consents的缺失。这些不会影响我们继续交易。

我其实没太听说过Indemnity Policy这到底是啥东西啊，我在网上查好像是一种类似于insurrance，还是说卖家为了弥补会降低房价啊？有过来人经历过吗？我想提前知根知底一下。

我心里还会有一个疙瘩，就是现在既然卖房的时候会有这种缺失consent带来的麻烦，那几年后，我如果卖的话，也会有同样的困扰吧，这又该如何解决。

还有另外一种可能，就是经过第三方报告调查，发现根本不合规，那是不是这个房子，不论是我，还是其他人未来都不能合法的交易购买了?会不会有这种可能性，一直以来就都白忙活了??我自己还是非常喜欢这个房子的，不想这样。

求大神帮忙分析一下

#2

现在律师的最新回复的意思是，是没看出来有降价的可能，那个indemnity policy 是一种保险，卖家付了之后就一直会保，通常有了这些手续，现在以及之后的交易不会有什么问题，如果我想继续交易，其实是OK的。
A clear report, declaration and Indemnity Policy should be sufficient to allow you to proceed although it will be for you to decide if you wish to do so. if we have what is hoped we will get then this should be sufficient for any future buyer from you as Indemnity Policies are widely accepted these days although clearly I cannot guarantee this. I think we have to wait to see what is provided, then refer back to the surveyor for his comments, and you can then decide.

关于保险的解释An Indemnity policy is like an insurance policy which the seller takes out and pays for and which lasts indefinitely to cover you, your lender and any subsequent buyer from you for any costs which might be incurred in dealing with any enforcement action which may be taken by Building Control. I should say that it is somewhat highly unlikely that Building Control would ever take such action.
如果真的不合规，律师说我们在做思考，先等报告结果出来再说，
律师的意思，如果你想继续，通常情况下，想解决总是有办法的。
If the alterations do not comply then we would have to look at matters again but let’s wait to see first.

There is generally always a way around these issues subject to your view as to on what basis you are prepared to proceed.

现在感觉应该问题不大，不过还是想参考过来人建议，大家怎么看

#3

20年前？只要10年就合法存在了。没什么好担心的。

#4

那看来是我多虑了，也就是说20年前的变更会自动合法化？
这个房子50年代的

#5

不明白你说的 authority consent 是指 planning permission 还是 building regs. 以下是我之前给其他网友的回复，或许会对你有帮助。

We’ve been through this when we bought our current house.

Buildings regs and planning permission are two different things. Planning permission should be approved and should be in the council records as if the extension doesn’t comply with local laws then it could be taken down within a certain period of time.

Building regs is the controls of the works I.e. making sure the works were done properly, foundations are solid, structure, thermal insulation, electrics etc… when we purchased our house there was no building regs for one of the extensions. An indemnity insurance policy was offered and taken (paid by the seller) to cover us in case the council investigated the works. This policy doesn’t cover you in case the house falls down. Please note that.

The best test is known as the test of time…Buildings regs change all the time and anything built 15 years ago wouldn’t pass today’s regulations. Therefore, if the extension has been in place fr several years and there are No obvious signs of issues, then it would be safe to assume the works are ok.

I had a full structural survey completed prior to purchasing the house to make sure everything was good. We then proceeded to purchase the house and have been here for several years without any issues.

The only thing you need to remember is if you plan to complete any works in the future, you must not inform building regs as this will invalidate your current insurance policy.

When you wish to sell the house in the future, you will have to purchase the same insurance policy to give to the new buyer’s, this policy will cost around 200 pounds.

#6

谢谢您的回复，我这个不是extension,应该是另外一种建筑质量这种，现在已经20多年没有什么问题，所以，我可不可以理解为，其实这种事就是个小事情，并不值得担心，我是对的吗？
而且这种事情在房产市场是非常普遍的，对吗。
The alterations referred to in the Home Report are alterations to the internal layout, the creation of patio doors, blocking of a rear door opening and construction of a porch. I see however that in the Property Questionnaire section of the Home Report the seller states that the bedroom downstairs has been changed to a dining room and the kitchen made larger
所有的alterations其实无非归根到底就这些，把厨房变大了，这也就是最大的工程了。

#7

不是extension 那你指missing的应该就是 building regs了，这是买房过程中常遇的问题，非常普遍。我之前详细回复过网友，就这个问题解释了。在此 Copy n paste 给你，希望能帮到你。你的律师虽然不能代替你做最后决定，他会给你提供相关意见供你参考。这不是什么大问题，不必担心，尤其你的房子是50年代建的，有关质量的疑问已经经过了时间的考核。If you plan to stay there for 10 years + then it won’t really make that much difference as by the time you come to sell the house, the regs will have changed again but the test of time will be your proof that it’s not an issue for a new buyer to worry about.

Regs certificates can get missed at various points in a development extension due to builders carrying on with work and inspectors not turning up at the right time to perform checks. For example, if the foundations don’t get checked before the first bricks are laid down then the inspector won’t sign off and won’t issue a certificate even if the rest of the build is fine.

Quite a lot of house have missing paperwork, the most important thing to do is try and get a proper survey done to check the house over and confirm no issues.

You or your surveyors should be able to tell if an extension has been done badly or not and if you should be worried. IF you have doubts about the works then either walk away or try and get the price reduced.

#8

感谢 非常make sense.那我也完全没必要担心了