No building regs on house we are selling

silvercar

If you are going to lose your buyers, the easiest course of action is to start again with a clean slate. If this question comes up again you reply that you only have limited paperwork from the previous owner abd that you are willing to take out an indemnity policy if required. You will be surprised how different solicitors react differently when presented with the same facts. Bottom line is that any buyer should survey on a house and a surveyor should be able to tell them if there are any building defects caused by an extension done a few years ago. I can't see a council taking any enforcement action on a physically safe extension done that long ago.

Poppy9

I think one of the problems for the OP is that the council's building regs. dept. are very quiet at the moment so staff are having to justify their positions. This might mean that they are making more of an issue of things they would have let go when busy as now it's another case on their workload.

The same thing is happening in the planning sections. Work load (and associated fees) well down over last 12 months but staffing levels the same.

Erica_Norman

we had a full structural survery done which was passed to our solicitors, it clearly stated that there was a 2 storey extension and that the solicitors needed to check that there were all relevant certificates

ab7167

Erica_Norman wrote: »

It would seem that the wrong size rafters were used..the builder indicated a different sized rafter on the drawings and the measurements a width of 2.5 m, he has actually used c16 47m by 100m rafters which should have a clear span of no more than 2.36, unfortunately the clear span is more as the width alone is 2.5, so they are saying..prove they are ok, or rectify it..Ive spoken today with a local architect who says its not really their filed and referred me to an engineering firm....goodness knows how much all this is going to cost..we were actually selling because we couldnt meet the mortgage payments

To get the rafters to span an extra 14cm shouldn't be overly difficult, unless they were designed to the absolute limit to start with. If they are saying 2.36m based on the TRADA tables, these have some assumed values built in which can be modified based on the actual situation. If your actual situation matches the tables exactly (weight, pitch, windloading etc) this may not be possible, but it is certainly possible to squeeze extra capacity. A local engineering firm should be able to give you a quote for checking this - ask for one for both checking the existing and an extra over for designing remedial works if required. Check that this includes providing calculations for Building Control and drawings for a contractor to price on and do the works from.

Things you might be able to find out that would be helpful - do you know the pitch of the roof? And the make of the roof tiles?

Erica_Norman

I dont know the pitch of the roof, but we know that ludlow interlocking tiles were used.

ab7167

This is the kind of information that the engineer will need to do a re-design of the roof. It really needs someone to look at it, but basically the lower the pitch, the more likely you are to get additional capacity out of it - I'm assuming that you fall into the category of 22.5° to 30° as this is the only place the figure 2.36m apears in the tables (happy to be corrected by anyone else if they can spot it!), so the closer you are to the bottom of this range, the more likely you are to be able to get some extra capacity out of the rafters.

I can't really offer you any more advice without actually seeing your roof, I'm afraid. Hope this helps so far.

Pigster_2

Erica_Norman wrote: »

we had a full structural survery done which was passed to our solicitors, it clearly stated that there was a 2 storey extension and that the solicitors needed to check that there were all relevant certificates

In that case I don't see how your solicitors can possibly weasel out of a responsibility to you. I would press them and don't just let them fob you off.

Best of luck - it sounds like a nightmare scenario for you.

Poppy9

It's a long time since I bought a house but does a copy of the survey routinely go to the solicitor or is it down to the client to pass onto the solicitor etc.

m_13

It does sound like you are going to have to lose this buyer and go for compensation from your solicitor to pay for the work to be put right.

Your solicitor can't just ignore you! They are regulated by the Law Society and complaints are dealt with by the Legal Complaints Service:http://www.legalcomplaints.org.uk

They say:

Complain about your solicitor – first steps
You should complain to your solicitor about poor service or their bill before you contact us. It is likely that you've received poor service from your solicitor if they've

• not done what you instructed them to do
• involved you in unreasonable delays
• given you inaccurate or incomplete information
• failed to reply to your phone calls and letters or keep you informed about what is going on
• failed to give you enough information about what they'll charge you before they begin your case or give you the final bill

All firms of solicitors have a procedure for handling complaints. If you need help to complain to your solicitor, call our helpline– 0845 608 6565.
If you've complained to your solicitor about poor service or about their bill, and you aren't satisfied with your solicitor's response, we can help to resolve your complaint for you.

Do I always need to contact my solicitor first?

You should complain to your solicitor about poor service or their bill before you contact us.

In exceptional circumstances we may deal with your complaint without you having to complain to your solicitor first. Call our helpline – 0845 608 6565 for further information.

If you feel uncomfortable speaking to your solicitor about a complaint you can speak to their supervisor or the complaints handling partner. Details of these individuals can usually be found on your solicitor's letters. Call our helpline if you need further help.

Negligence: What is it?

Negligence is when your solicitor has failed to take reasonable care that a solicitor would normally have taken in similar circumstances. You can also take legal action (including suing your solicitor) if your solicitor has acted in a way that a solicitor would not normally act in similar circumstances.

We might investigate your complaint even if you could also take legal action against your solicitor in the courts.

If we can't help, you might be able to take legal action through the courts or reach a settlement with the solicitor's insurers.

We may refer you to a member (panellist) of our Negligence Panel Scheme, if one is available. The panellist will give you up to one hour's free advice. The panellist will tell you whether they think you have a legal claim for negligence in the courts. (This hour of free advice includes the time it takes the panellist to prepare their advice, including the time they take to read the documents you've provided to support your complaint.)

After the free advice, if you need more help the panellist can charge you for it. You may be able to get legal aid or have legal expenses insurance.
You should know that we can't refer you to a Negligence Panel Scheme member if you are already receiving, or have received, independent legal advice.

There are time limits for making a claim against your solicitor, so you should get independent legal advice as soon as possible. If you are told that you may have a legal claim, you should contact your solicitor and tell them that you plan to make a claim against them.

If your solicitor's insurers get involved, they'll investigate the matter and decide whether it's appropriate to settle your claim. If they decide to settle, they'll also decide how much money to offer you. If they decide not to settle, or you decide not to accept their offer, you'll probably need to go to court. (If you go to court, you may have to pay court costs.)

I'd give them a ring and ask for advice about the negligent service you have received. You then need to make a formal complaint to the solicitor's complaint handling partner. If you have any paperwork which shows they were supposed to check on permissions and completion certificates but didn't (did they see your survey? did you ask them specifically? do you have a copy OYEZ enquiry form about boundaries etc which asks about building work?) then include that detail. They will probably need your old reference with them and the date you completed.

It all sounds like a nightmare but you need to get it sorted out ready for a lovely new buyer

Erica_Norman

our understanding is that the solicitor received a copy of the survey as they were also asked to carry out a coal mining survey.

We have spoken to legal complaints, but they have advised us that they can only act for compensation claims up to 1500 pounds, and naturally its going to cost significantly more than that to put things right.
My former solicitor have denied all responsibilty.
Im guessing we need to get a solicitor to act for us in suing them