Illegal loft conversion conundrum

Sammy85_2

My solicitor never provided anything like a "bound property report"

When everything was complete we had 14days to collect any paperwork on the property from the solicitor (there was tons of stuff right back to when it was built) otherwise it was going to be destroyed as everything is electronic now.

sunshinetours

You can't generalise that most solicitors give this and that - they all operate differently. I have bought and sold 4 different houses and used 4 different solicitors they were all different is what they provided.
You would need a massive representative selection of solicitors to generalise

timmyt

PasturesNew wrote: »

I've never heard of such a thing, nor ever seen one. Nor have I ever been aware of any poster on here referring to such a 'bound property report' and asking for advice. Maybe it's just your experience, or one set of solicitors, that provide this.

In my experience, most solicitors tell you nothing, say nothing - and assume you know all about what will happen, when, how, why. And, I think, those that do point out some things to people are using their own legal speak, which is interpreted differently by Mr/Mrs Buyer so they hear the words but don't apply the same meaning to them as the solicitor who is speaking them intends.

seriously have you and others not hada written summary of all the contractpapers sent to you b your conveyancer explainign what you are buying and comemnting on such things that you would want to know about like:
- boundaries
- guarantees
- alterations and did they have consents
- rights going with the property
- covenants you have to observe

Wow, what poor legal service you are getting for your £1. MY clients - and those of the 5 firms I have previously worked for - really are lucky and well informed.

timmyt

the point is tht your lawyer knew there were no consents right? though question is did they convey this to you OP.
OP - did your lawyer send you a written summary of the contract papers and therefore what you were buying for your £1000s?

scros

Hi everyone – thanks again for your help.

Let’s put the indemnity issue to one side for the moment.

I respond particularly to the suggestion that we are somehow completely out-of-order for suggesting that the solicitors should shoulder any of the blame. Look, I’m an honest bloke who has, I believe, gone down all the proper channels to buy a new flat. I’m no legal expert – that’s why these people exist (in my eyes) - to provide the specialist knowledge that we don’t have. After having spent most of last night looking back over everything, the survey we had done clearly stated that our legal advisor was to check the legality of the loft room to ensure all permission and consents had been received. We asked time and time again for her to confirm that everything was OK and we have loads of written correspondence sent to her asking her to make sure everything as fine with the room. She told us that everything was fine to proceed. Why are we so in the wrong for assuming she’d done the basics of her job properly?

You can call us naïve and inexperienced as much as you want, but please don’t suggest we’re being malicious - this has gone terribly wrong for us because of what appears to be a very simple legal issue. She said all fine to proceed – we find out room is illegal.

silvercar

The confusion is in the word "illegal". The room is part of your home, you legally own it. It legally exists. What is in doubt is whether it satisfies all the building regs that were in force when it was built. As there was some doubt over this at the time of your purchase, the solicitor suggested an indemnity policy. The indemnity policy would cover the cost of any enforcement action.

Now move forward and the council isn't forcing you to do anything, so there is no claim on the policy. What you have is what you bought, the same property, functioning as it always has done.

silvercar

Also, read a similar thread here:

http://forums.moneysavingexpert.com/showthread.html?p=30699011#post30699011

particularly Richard Webster's comments because (a) he works in conveyancing and (b) he talks a lot of sense.

missile

You had doubts before you bought and it seems your survayor pointed out there might be problem. IMHO he ought to have done more.

It is never too late to consult a competent surveyor / architect <LOL> I suggest you do it now and find out what your options are.

sunshinetours

scros wrote: »

Hi everyone – thanks again for your help.

Let’s put the indemnity issue to one side for the moment.

I respond particularly to the suggestion that we are somehow completely out-of-order for suggesting that the solicitors should shoulder any of the blame. Look, I’m an honest bloke who has, I believe, gone down all the proper channels to buy a new flat. I’m no legal expert – that’s why these people exist (in my eyes) - to provide the specialist knowledge that we don’t have. After having spent most of last night looking back over everything, the survey we had done clearly stated that our legal advisor was to check the legality of the loft room to ensure all permission and consents had been received. We asked time and time again for her to confirm that everything was OK and we have loads of written correspondence sent to her asking her to make sure everything as fine with the room. She told us that everything was fine to proceed. Why are we so in the wrong for assuming she’d done the basics of her job properly?

You can call us naïve and inexperienced as much as you want, but please don’t suggest we’re being malicious - this has gone terribly wrong for us because of what appears to be a very simple legal issue. She said all fine to proceed – we find out room is illegal.

The problem I think you will have is proving your solicitor didn't explain things to you. Bottom line it was OK to proceed with an indemnity poilicy in place as long as you understood your conversion may not have been signed off for building regs

As I originally mentioned and others have also get a surveyor or structural engineer to ensure it is structurally safe and then get on with enjoying your home

Hailstorm

scros wrote: »

Hi everyone – thanks again for your help.

Let’s put the indemnity issue to one side for the moment.

I respond particularly to the suggestion that we are somehow completely out-of-order for suggesting that the solicitors should shoulder any of the blame. Look, I’m an honest bloke who has, I believe, gone down all the proper channels to buy a new flat. I’m no legal expert – that’s why these people exist (in my eyes) - to provide the specialist knowledge that we don’t have. After having spent most of last night looking back over everything, the survey we had done clearly stated that our legal advisor was to check the legality of the loft room to ensure all permission and consents had been received. We asked time and time again for her to confirm that everything was OK and we have loads of written correspondence sent to her asking her to make sure everything as fine with the room. She told us that everything was fine to proceed. Why are we so in the wrong for assuming she’d done the basics of her job properly?

You can call us naïve and inexperienced as much as you want, but please don’t suggest we’re being malicious - this has gone terribly wrong for us because of what appears to be a very simple legal issue. She said all fine to proceed – we find out room is illegal.

It is not the solicitor's job to check that the work done is safe, that is the surveyor's responsibility. If the survey did not mention any problems with the strucure of the loft conversion then you have a claim against the surveyor, not the solicitor.

From what you have said your solicitor did check whether or not permissions or consents had been obtained and found they hadn't go it. Indemnity insurance is one of the ways of resolving such a problem. I would have thought the solicitor should have discussed the problem and the available options with you before taking out the insurance. I am not sure if this would be a valid complaint though.