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No building regs on house we are selling

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  • m_13
    m_13 Posts: 990 Forumite
    Did you see the part of my post on negligence? They will refer you for an hour's free consultation with a specialist person to look at your negligence claim and give advice.

    Have you checked to see if your insurance policies have legal cover?

    I do think you are going to need to fight fire with fire unfortunately.:grouphug:
  • m_13 wrote: »
    Did you see the part of my post on negligence? They will refer you for an hour's free consulation with a specialist person to look at your negligence claim and give advice.

    Have you checked to see if your insurance policies have legal cover?

    I do think you are going to need to fight fire with fire unfortunately.:grouphug:

    Yes Ive just read that;) Thank you for finding that info for me..I will have a word with them again and see what happens, weve got nothing to lose by taking the free advice:rolleyes:

    I think this is going to be a long hard battle...I also feel very sorry for my buyer who set her heart on our house
  • FilthyLuka
    FilthyLuka Posts: 279 Forumite
    Am I right in thinking that the council were aware of the building works because the original owner made an application to do the work (back in 2000 or so)?

    If so when the Land Charges search was carried out it should have been identified so the solicitors were aware. They should then have chased the correct approvals.

    Here is some interesting reading about a legal case I think you will find interesting Cottingham v Attey Bower & Jones I]2000[/I - its worth 'googling'this case to find more info

    http://www.lawgazette.co.uk/news/the-curse-cottingham
  • yes thats right..planning permission was applied for and obtained and building regs were applied for but only the foundations were ever inspected
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    To my way of thinking the most negligent organisation here is the local council.
    They gave permission for an extension.
    It was built by some sort of DIY bodger bloke.
    The council hopefully looked at the footings and again after the concrete had been poured.
    So presumably their records have shown the site as "work in progress" for 8 years while families have been living in this "dangerous" structure.
    If they have in fact "assumed" that the extension is complete by for example changing the council tax, than that is gross hypocrisy.
    I would think that you have rights to find out and inspect the correspondence under the freedom if information act?!?.

    Me thinks the council doth protest too much in an attempt to cover their own backside.

    The secondary negligence is on the part of your solicitor for failing to get the correct search replies (or failing to read and understand the replies).

    There is no way that a surveyor can be expected to do calculations on roof timbers in every house he inspects.
  • Thank you John..we feel that there is a portion of error here with the council, but unfortunately our main aim now is to maintain a good relationship with the council in order to get the completion certificate.

    We are still trying to find a solicitor prepared to take on the case regarding our previous solicitors.

    Our buyer has formally withdrawn from the sale now as she is worried that our extension is not safe and feels that even a completion certificate would not offer her any reassurance
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