Building regs

[Craig S]

We are in the process of buying a 19th century 4 bed detached property with 3 extensions. The first was built in 1977 and extends the kitchen, while adding a bedroom and bathroom upstairs; the second is a side extension built in 1994 and the final one is a utility room built in 99.

None of them have building regs. The vendor applied for regularisation - The 94 extension failed - the council dug a foundation hole which filled with water. It's built on a foundation of concrete and there is peat underneath, but the land search indicated the area was clay. The utility room also failed - foundations are 800mm instead of the 1000mm. The large extension was not inspected.

The council do not intend to enforce any action - all have been in place too long, and do not pose any immediate risk. The full buildings survey flagged up some damp (�5k to repair) and other minor repairs, but no major structural problems. I then told the surveyor the 2 extensions failed, and mentioned the peat - he became alarmed, but did admit the main building had been there for 100 years with no major probs. Conveyancer is equivocal. Building society will lend if the solicitor is satisfied!

We are considering a structural engineer to check the soil then if ok, knocking down the side extension. Or cutting our losses.

We love this house, but concerned we'll struggle to re-sell in years to come. Anything else we can do to minimise our risk and ensure we are not buying a turkey?

[lady_p_gold]

Gawd, well I wouldn't buy it but then I bought a half timbered Elizabethan mansion built in 1523 many moons ago and I didn't have a survey because I didn't see the point .... and the whole house was leaning to the right, but it was only built of wattle and daub !! Surveyors are there to ensure you are not buying a turkey so I think I would ask them straight whether they would recommend buying it or not. Either that or with all that going on surely you can negotiate a knock down (er foolish choice of words maybe!) price !!!!

[Golden Shred]

Just viewing the problem as you have written it what precisely is troubling you? I have dealt with many buildings which are founded on peat and as yours has been there for many years without structural problems you are OK. The fact that it does not comply in parts with the Building Regs matters not one jot. From what you say you have perfectly good foundations. Why are you demolishing the side extension? If you are troubled that in the long term the peat might dry out causing settlement there are only two solutions. But before I go into that could you amplify a little?

[Craig S]

Thanks for taking the time to write - your reply is encouraging. You sound as though you speak with some authority on this issue? My main concern is that most future buyers, who, like myself, have little understanding of building regs, will run a mile if they hear the property has failed on 2 counts. Finally, we know very little about the implications of peat, but the surveyor and damp specialist have expressed concern about this.

[themas]

Ask your surveyor for a written report based on everything you and he now know. If he recommends (unlikely) that you can go ahead without doing anything then fine, because you can always come back against his PI Indemnity insurance if you need to (make sure you get and keep a copy of his present indemnity insurer). If he won't recommend going ahead then, if I were you, I'd pull out. You would be completely uncovered if there were costly problems, and your concern about resale difficulties could easily come true.

[Golden Shred]

I have many decades of experience of designing and building structures on dodgy ground throughout the UK and around the world. Regarding the Building Regs 1 metre rule, this is really a rather crummy "one size fits all" thing which it doesn't and in many cases is nonsense. 30 or 40 years ago Southern England baked for several months in a heat wave. The clay dried out and there were a large number of foundation failures. The insurance industry kicked up and to keep the peace the government of the day brought in the 1 metre rule. That is how it came about. Certainly it helps in clay but other than that there is no wonderful science to it and I would quite happily bet �10000 to a penny that substantially more than half the houses in the UK do not conform. In your case on peat it has no real meaning. As the house has stood all these years through drought, storm and tempest without trouble the important thing to you is water table, which you say is around ground level. So long as nothing happens to significantly reduce the water table you have nothing whatsoever to worry about. Even if it is reduced so long as you consult people like myself quickly enough the structure can easily be saved. You do not mention services, but in areas of high water table things unexpectedly pop out of the ground (manholes, drains,
septic tanks etc). Has this happened to you?

[Golden Shred]

PS. The "themas" answer must have appeared whilst I was putting my note together for you.

[buildersmate]

Golden Shred clearly has much more practical experience than me on an issue like this. So just to round off the previous answers - if it has stood there all that time, it is unlikely to suddently fail now. The only reason why it might fail now is because of some climatic condition change - and change ground water is the most likely one (caused by one or more of less rainfall, growth of large tree very nearby, local water company or farmer extracting different amount from the ground nearby?). You are taking the sensible action to try and mitigate your risk. The way industry and commerce does this is to seek the right professional advice - you are doing this. If it then goes belly-up, you have the PI insurance of the advisor to fall back on to help bail you out. You can use the advisor's report that you are getting now to demonstrate to any FUTURE buyer that they would not be buying a turkey.