Disclosing info to solicitor

frafferty

Can I please have some advice?

We've received a whole load of paperwork from the solicitor this morning - results of searches, mortgage offer info...that sort of thing. On one of the documents it says that we MUST inform the solicitor if we know of any works which have been done to the property and it lists addition of extension or conservatory and also removal of internal walls.

An internal wall has been removed by a previous owner. It was done without planning permission or building regs and so there is no paperwork for it. We have had it checked out by a builder who specialises in structural alterations and he has confirmed that it was a partition wall and non supporting.

The current owner has not mentioned it at all on any of his paperwork but we are not bothered by that as we are satisfied with the report that the builder gave us. The property is 13 years old, the work was done apx 12 years ago and we will most probably not be moving again ie will be living there until we die (which is hopefully a good 40-50 years away yet if we are lucky!)

What will happen if we advise our solicitor of this information?
What will happen if we don't advise our solicitor of this information?

Thrugelmir

If you've received satisfactory confirmation that the works are ok. Let it pass without comment.

timmyt

frafferty wrote: »

Can I please have some advice?

We've received a whole load of paperwork from the solicitor this morning - results of searches, mortgage offer info...that sort of thing. On one of the documents it says that we MUST inform the solicitor if we know of any works which have been done to the property and it lists addition of extension or conservatory and also removal of internal walls.

An internal wall has been removed by a previous owner. It was done without planning permission or building regs and so there is no paperwork for it. We have had it checked out by a builder who specialises in structural alterations and he has confirmed that it was a partition wall and non supporting.

The current owner has not mentioned it at all on any of his paperwork but we are not bothered by that as we are satisfied with the report that the builder gave us. The property is 13 years old, the work was done apx 12 years ago and we will most probably not be moving again ie will be living there until we die (which is hopefully a good 40-50 years away yet if we are lucky!)

What will happen if we advise our solicitor of this information?
What will happen if we don't advise our solicitor of this information?

He is looking to protect you from enforcement from the Council. He is also the Lenders lawyer, and if you lie to his questions, that is aking to lying to the Lender - though that is unlikely to cause you to get in trouble.

If you do tell him, he will ask the seller to take out legal indemnity insurance to compensate you for any costs should the Council take enforcment action. However, unless there is a danger to health and safety, unlike the Council would after 13 years.

There is no chance of the lender not lending, as your lawyer is on your side.

However, if works have not got building control consent, if you then wanted to do works near to them, the Council could hold you to ransom and require the previous works to be brought up to spec before they consent to new ones. Indemnity insurance may not pay out, as there is the argument that you brought the Council in to the house - thus invalidating the insurance. That is why indemnity insurance is not always a solution is you have building plans near to the previosu works.

if you don't then tell him so he can do his job.

LoopyLuna_2

I personally think you should be as honest as you can otherwise things will come back to bite you. You have nothing to hide but you could be passing on a problem to another family if you don't tell them. If you do tell them at least they can get insurance , which will protect them if it comes back to haunt them.
Its up to you, you have nothing to lose from telling them, but you don't tell them and something does go wrong, everyone lose's.
Goodluck with whatever you chose to do =]

princeofpounds

You are not actually clear if you are buying or selling. The dilemma you have posed is more common for sellers, but you then talk about the property having a current owner who is not you.

frafferty

It is for the property that we are buying.
I'm just not sure what disclosing this info is going to achieve? Apart from delays and more expense!

Richard_Webster

It is for the property that we are buying.
I'm just not sure what disclosing this info is going to achieve? Apart from delays and more expense!

I have a lot of sympathy with that view but you do need to be aware of the warnings that TimmyT has given and make up your mind in the light of that.

Fire_Fox

frafferty wrote: »

Can I please have some advice?

We've received a whole load of paperwork from the solicitor this morning - results of searches, mortgage offer info...that sort of thing. On one of the documents it says that we MUST inform the solicitor if we know of any works which have been done to the property and it lists addition of extension or conservatory and also removal of internal walls.

An internal wall has been removed by a previous owner. It was done without planning permission or building regs and so there is no paperwork for it. We have had it checked out by a builder who specialises in structural alterations and he has confirmed that it was a partition wall and non supporting.

The current owner has not mentioned it at all on any of his paperwork but we are not bothered by that as we are satisfied with the report that the builder gave us. The property is 13 years old, the work was done apx 12 years ago and we will most probably not be moving again ie will be living there until we die (which is hopefully a good 40-50 years away yet if we are lucky!)

What will happen if we advise our solicitor of this information?
What will happen if we don't advise our solicitor of this information?

Be honest as there is a paper trail that you knew about the wall. I wouldn't phrase it as you have - I'd say a partition wall was removed by the current owners and has been confirmed to be non load bearing by your builder. Presumably you have already had the lender's surveyor in who didn't note any problems? There is no point in paying professionals and then preventing them doing their job properly.

Ian_W

timmyt wrote: »

However, if works have not got building control consent, if you then wanted to do works near to them, the Council could hold you to ransom and require the previous works to be brought up to spec before they consent to new ones.

Can you explain this a bit further? My understanding is that non-load bearing walls DON'T (or at least didn't until very recently if it has changed) require building regs approval - so how can you get consent from building control for something that is outwith the regulations they give consent under?

It seems that lawyers and lenders are now requiring an Orwellian catch 22 - you must have consent for something you couldn't get consent for! I ask that because we removed a non load bearing wall several years ago and I asked building control if we needed B. Regs and they categorically said, NO.

Surely it is common sense that any alteration made prior to a requirement to have B. Regs for that alterastion, won't have them. Or is this about selling indemnity policies?

Oh, and how can they require you to bring them up to spec - am I also wrong that BR's can't be applied retrospectively, if I am there must be literally millions, perhaps billions, of alterations the council could hold people to ransom over?

timmyt

no no, just a general point should 'works' need BR consent. As the tactic of Councils has been used before.

Specifically in the case of an internal wall i am almost certain that an internal wall doesn't need BR consent, why would it...if indeed it is an internal wall.

I'd still tell your lawyer as he is looking after you...he has all the paperwork to put it into context....but you are clearly not bothered so indemnity worst case is the way forward

Ian_W

timmyt wrote: »

Specifically in the case of an internal wall i am almost certain that an internal wall doesn't need BR consent, why would it...if indeed it is an internal wall.

timmy, you're getting a bit confused here in your welcomed haste to reply. Internal walls that are load bearing have always, since I was a lad at least, needed BRs. Steel has to be sufficient otherwise house could fall down, fair enough. Non-LB walls, often stud don't (didn't) - so how do you prove a negative?