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sultanabran
Posts: 172 Forumite
I know the standard response is to go with what your solicitor advises, but I thought I'd put this here to see what kinda outcomes can happen. (I'm in Scotland by the way).
I bought my current house in 2005. In 2007 I had all the windows replaced and external doors replaced with new. Only changes were changing them from brown to white uPVC, removing the front patio doors and bricking this back up and putting a window in (putting it back to original essentially) and swapping out the patio doors in the dining room with French doors.
Fast forward to now and I'm currently in the phase of selling where the solicitors go back and further between each other. My buyers solicitor has come back and questioned the French doors at the back as the surveyor noted it as a change in my home report. I did say to the surveyor at the time it was a swap but he said he still had to mention it.
I've checked back through my paperwork and theres no mention in the survey when I bought the house of any of the patio doors. I still have the estate agents schedule and sadly it doesn't have them in the photos, but does refer to them in the description.
Is my buyer's solicitor just being pedantic? What is likely to happen in this situation? It seems like all I need to achieve is prove that there were patio doors there when I moved in.
I have been communicating with my buyer direct and he doesn't seem bothered by it and isn't sure what the hold up is. Should I speak to him and get him to push his solicitor to "get on with it"? This seems to be the only sticking point to conclusion of missives.
I bought my current house in 2005. In 2007 I had all the windows replaced and external doors replaced with new. Only changes were changing them from brown to white uPVC, removing the front patio doors and bricking this back up and putting a window in (putting it back to original essentially) and swapping out the patio doors in the dining room with French doors.
Fast forward to now and I'm currently in the phase of selling where the solicitors go back and further between each other. My buyers solicitor has come back and questioned the French doors at the back as the surveyor noted it as a change in my home report. I did say to the surveyor at the time it was a swap but he said he still had to mention it.
I've checked back through my paperwork and theres no mention in the survey when I bought the house of any of the patio doors. I still have the estate agents schedule and sadly it doesn't have them in the photos, but does refer to them in the description.
Is my buyer's solicitor just being pedantic? What is likely to happen in this situation? It seems like all I need to achieve is prove that there were patio doors there when I moved in.
I have been communicating with my buyer direct and he doesn't seem bothered by it and isn't sure what the hold up is. Should I speak to him and get him to push his solicitor to "get on with it"? This seems to be the only sticking point to conclusion of missives.
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Comments
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What exactly is the question? Are they expecting to see a Completion Certificate for your alterations? And/or for the previous alterations?0
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I believe so yes. Do I have any paperwork for planning permission or anything like that I guess. My point is that the doors where there when I moved in and that all I've done is swap them out.0
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In England and Wales you'd need either Building Regulstions Approval or a FENSA certificate. The glass needs to meet regulations. I assume that Scotland is similar in that respect.
It would be indemnity policy territory.Everything that is supposed to be in heaven is already here on earth.
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I have receipts and paperwork for the installation of the windows and doors and the companies still in business and I'm certain they met the standards at the time. I think the issue is the solicitor thinks I changed a window for French doors.0
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If it was a french door/pation door when you moved in then your response should simply be to state that was the case and tell them you have not widened the opening so can't provide any evidence of alterations or how they were done. Tell them that if they are worried they should consult a structural engineer or similar and that you are happy to provide access to the engineer.
If the buyer's solicitor is asking for a FENSA certificate for the windows and doors and you can't find one, order a new one on the internet for £20. No need for an indemnity.Changing the world, one sarcastic comment at a time.0 -
If it was a french door/pation door when you moved in then your response should simply be to state that was the case and tell them you have not widened the opening so can't provide any evidence of alterations or how they were done. Tell them that if they are worried they should consult a structural engineer or similar and that you are happy to provide access to the engineer.
If the buyer's solicitor is asking for a FENSA certificate for the windows and doors and you can't find one, order a new one on the internet for £20. No need for an indemnity.
FENSA doesn't apply in Scotland I don't believe. Having spoken to the buyer in the past, it's not even him but his solicitor thats pushing for all this. Guess I just need to wait and see what the solicitors say.0 -
No idea if FENSAoperates in Scotland, but I'm prety sure you still have Building Regulations.sultanabran wrote: »I have receipts and paperwork for the installation of the windows and doors and the companies still in business and I'm certain they met the standards at the time. I think the issue is the solicitor thinks I changed a window for French doors.
If so, the changes (not just the French doors) would need BR certification. If not by FENDA, then by some other competent person, or the local council.
So :
1) what 'paperwork' do you have?
2) have you contacted the installer (who is still in busienss) and asked for the required paperwork (asuming you don't have it)?
3) if all that fails, offer the buyer an indemnity insurance policy0 -
No idea if FENSAoperates in Scotland, but I'm prety sure you still have Building Regulations.
If so, the changes (not just the French doors) would need BR certification. If not by FENDA, then by some other competent person, or the local council.
So :
1) what 'paperwork' do you have? Just the paperwork from the window company showing the work they were doing, the windows chosen and a receipt.
2) have you contacted the installer (who is still in busienss) and asked for the required paperwork (asuming you don't have it)? Not yet
3) if all that fails, offer the buyer an indemnity insurance policy My conveyancer hasn't mentioned this option yet. I'll see what she says when she gets back to me.
Replies above.0 -
This is still ongoing. My conveyancer has told me that the buyers solicitor has contacted the surveyor. I'm not sure exactly what they are trying to find out. I spoke to the guy that I bought the house from. The patio doors were in when he moved in, in 2001. So it's been altered for 16 years. If it was going to collapse, it would have done so by now!
Is indemnity insurance an option in Scotland for not having a building warrant?0 -
sultanabran wrote: »Is indemnity insurance an option in Scotland for not having a building warrant?
Yes. It can get sorted one way or another, don't worry.0
This discussion has been closed.
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