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Do I need a retrospective Build over agreement from Thames Water
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# 1
hannalovell
Old 19-10-2009, 11:13 AM
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Default Do I need a retrospective Build over agreement from Thames Water

To all,

I am new to this so I would appreciate any help you can give me.

My partner and I are currently buying our first house together and are nearing the end of what has been a very stressful experience. We are very close to exchange and on Friday were told that we needed to gain a retrospective Build over agreement from Thames Water as there is a double garage at the end of the garden that is built within 3m of a public sewer. It has also been suggested that we don't need to get one as the garage was built before 1996?

I'm confused as I am hearing different things from different sides and would like to know where we stand, we are now waiting to hear back from Thames Water but know this could take weeks so if anyone can help me out in the mean time that would be great.

Many thanks in anticipation
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# 2
tek-monkey
Old 19-10-2009, 11:24 AM
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I have been through a very similar thing to you, and am still not out of it! I am trying to buy a house with an extension built over the sewer, but the venders solicitor seems to want to ignore it. Severn Trent have finally told us that they didn't own the sewer when it was actually built on, so can't issue an agreement even if they wanted to. They also said they do not do retrospective agreements generally, as it should have been done when building.

I believe you can get an indemnity insurance, but it only protects the lender and not the buyer. However I also believe that once you have contacted the water authority you are unable to use an insurance policy to get around it!

If you want more info on whats been happening with mine just ask, I hope this goes well for you.
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# 3
hannalovell
Old 19-10-2009, 11:28 AM
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Oh yes I saw some of your thread earlier. Thank you, yes unfortunately we can't get an indemnity policy now as the solicitor acting for the seller has now contacted Thames Water....grrrr...
At this stage I'm not particulary bothered either way I just want to know so that we can proceed.
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# 4
tek-monkey
Old 19-10-2009, 11:42 AM
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In my case the other solicitor just ignored it, even said twice she didn't believe there was a drain, after I had a specialist drain survey! In the end the vendor got annoyed and contacted the water authority himself, and I'm glad he did as otherwise we'd still be in limbo.

As with you, I just want to proceed somehow. I should find out today if I am allowed to.
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# 5
hannalovell
Old 19-10-2009, 11:46 AM
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Fingers crossed for you?
How long has this been going on with you, we have currently been in the process of selling for 4 months and this has just come up....
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tek-monkey
Old 19-10-2009, 12:04 PM
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Cheers.

I put my offer in on August 5th, and this was thrown up by the 20th I think. So thats about 2 months of nonsense so far! As I'm using a government funding scheme I have to be finished within 3 months of offer, so not really got long til I have to walk away
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# 7
tek-monkey
Old 19-10-2009, 1:44 PM
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BAH!

Just been told my lender can't accept the letter from ST stating they don't care, as it rests on a council agreement being found that we have not tracked down yet. GRR!
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# 8
hannalovell
Old 19-10-2009, 1:53 PM
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Oh thats really bad news....why do they make it so hard for us?
I have been looking around a lot this morning and there is no set policy on this and it must happen so much especially with older buildings!
I feel for you, I hope you get to the bottom of it soon
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