Trying to exchange, solicitor probs - please advise!

Metermaid

We are ready to exchange on our house sale - so are our purchasers. We have a conservatory at the property (not put up by ourselves) - the conservatory is 12'3" x 9'4" (3.73m x 2.84m) in size. Purchasers solicitors insist we need building reg proof, our solicitor says she's checked with the council and it's not big enough to have needed building regs (this is also what we were told when we bought property 2yrs ago). Our solicitor is very frustrated as purchasers solicitors continue to insist and they refuse to exchange unless we take out an Indemnity policy! Our Estate Agent says he can't get involved as it's a legal question and we have to wait for our solicitor to write to council etc etc - ahhhhhhh!!! Anyone have any advice? (other than pay up!)

Thanks

MM

sammy10

We had the same problem during our house sale a few weeks ago, in the end we just payed for the insurance. It was only £50 (Could you go halves??) and it saved a lot of time and hassle.

Hope you get it sorted

Metermaid

Our purchasers have refused to pay as they had to do something similar on their house sale a few months ago (surprise surprise!) my EA says he never has an exchange go through these days without an indemnity policy for something being required - who is making money out of this!!

sammy10

We got really fed up with our solicitor, we ended up paying the insurance for our buyers for the conservatory and some on our new house because of some chancery act that I had never heard of!!

I think the only options for you are to wait for the council (we where told it could take 6-8 weeks) or pay up.

No wonder all the solicitors I see drive flash cars and own massive houses

inmypocketnottheirs

sammy10 wrote:

No wonder all the solicitors I see drive flash cars and own massive houses

Could it be a result of the years of studying to qualify, plus the ongoing requirement to keep abreast of the continual new laws being added to the statute books and thus continuing to be in a position to generate income not have anything to do with it?

Metermaid

I've just checked the Building Regulations website and this only applies to conservatories over 30m square as my solicitor and the council confirm. How can the purchaser's solicitor still insist that a clearly unnecessary indemnity policy is taken out and paid for? Surely that is outrageous and there must be some way of stopping him/her doing this?

PoorDave

Metermaid wrote:

I've just checked the Building Regulations website and this only applies to conservatories over 30m square as my solicitor and the council confirm. How can the purchaser's solicitor still insist that a clearly unnecessary indemnity policy is taken out and paid for? Surely that is outrageous and there must be some way of stopping him/her doing this?

Print the info and get it faxed across to solicitor via yours if you haven't already done so.

Also maybe post a link to the info so we can see and try to reassure you you're right!

Is the other solicitor gaining from the insurance money somehow? Odd

Metermaid

This is the link

http://www.planningportal.gov.uk/uploads/odpm/4000000011249.pdf

It's on page 19 and reads as follows :-
If I want to build an extension to my home, will the Building
Regulations apply?
YES – but a porch or conservatory built at ground level and
under 30m2 in floor area is exempt provided that the glazing
and any fixed electrical installation complies with the applicable
requirements of the Building Regulations (i.e. Part N ‘Glazing

Ems*Honie

provided that the glazing
and any fixed electrical installation complies with the applicable
requirements of the Building Regulations

Maybe thats the problem?

RiskAdverse100

Metermaid and sammy10 ask who is making money out of indemnity policies.

The answer is the insurance companies - solicitors certainly don't! In fact the time taken to take out an insurance policy properly - which involves complying with FSA requirements - usually ends up costing the solicitors in lost time.

The problem here is solicitors not really understanding planning and building regulations legislation which is unforgiveable.

RiskAdverse100

dougk_2

RiskAdverse100 wrote:

Metermaid and sammy10 ask who is making money out of indemnity policies.

The answer is the insurance companies - solicitors certainly don't!

RiskAdverse100

Actually many Solictitors firms make comission on the sale of the policy. For example my solicitors firm (for whom I once worked) make 20%. They can issue the certificates there and then on behalf of a big insurer.