No building regs for porch

80schild

Hi again,
Have just found out that one of the things holding up my purchase is that the house has a porch and garage built in 1978. There are no building regs or paper work for this so my solicitor asked the vendor to take indemnity insurance and she (rightly IMO) refused. Now this is holding up the sale
As far as I am concerned I am not bothered about the lack of building regulations for something built in 1978 and the nice big porch and garage was in fact one of the reasons we chose this house!
Would it be likely to be accepted by my solicitor if I said I wasn't bothered about the indemity policy and how do I put this across to her without sounding like I don't trust her doing her job. I just want to get moved in and I thought if an extension had been up longer than 12 months you couldn't be made to remove it anyway-so no point in the indemnity!

Richard_Webster

I thought if an extension had been up longer than 12 months you couldn't be made to remove it anyway-so no point in the indemnity!

That's true in practice, but in theory the possibility of enforcement does exist after that time. The notorious case of Cottingham v Attey-Bower turned on this theoretical possibility and has caused no end of trouble for solicitors since it was decided in 2000.

Your solicitor will probably want the indemnity policies to keep your lender happy, because they are large bureaucratic organisations and they do not have people in their offices who can reliably make common-sense decisions about matters like this.

G_M

Are you getting a mortgage?
If not, the solicitor works purely for you, and will progress the purchase if that is what you instruct him to do. He has given you advice - it is your choice whether to take the advice or ignore it.

However if there is a mortgage lender involved, the solicitor is (probobly) acting for them too. They may not be willing to lend money without the indemnity insurance.

80schild

Hi yes we are getting a mortgage. I guess if there is a problem with the lender then we can just take out the policy ourselves-we had to take one out for our buyers and it was only about £90!

timmyt

80schild wrote: »

Hi again,
Have just found out that one of the things holding up my purchase is that the house has a porch and garage built in 1978. There are no building regs or paper work for this so my solicitor STOP calling them that, you don't have an actual solicitor. The 'conveyancer' you do have is a disgrace to be associated with the legal profession. Indemnity insurance only cobvers the Council coming out and taking action against you. They don't for boilers, and they cannot after 12 months anyway. 1978! Every house that old is not compliant with Building Regs due to the passage of time. Your conveyancer is out of their depth!! asked the vendor to take indemnity insurance and she (rightly IMO) refused. obviously Now this is holding up the sale
As far as I am concerned I am not bothered about the lack of building regulations for something built in 1978 and the nice big porch and garage was in fact one of the reasons we chose this house!
Would it be likely to be accepted by my solicitor if I said I wasn't bothered of course it would and threaten to claim neglignce if they lose this deal for you about the indemity policy and how do I put this across to her without sounding like I don't trust her doing her job. she should not be trusted I just want to get moved in and I thought if an extension had been up longer than 12 months you couldn't be made to remove it anyway correct, ah a client who knows the law refreshing.....though they can take action if their is a danger to health and safety, so take out insurance in that situation, but a surveyor is best placed to say if there is a danger. -so no point in the indemnity!

your lawyer (bet she is not qualified, but you are paying a fee as if she were) is a liability, sorry

80schild

Thanks Timmyt! I am going to phone them Monday morning to find out exactly what is going on! I could understand if the proch was built recently and they didn't have a FENSA certificate but 1978??? That's over 30 years-if it has not posed a Health and Safety risk in 32 years I can't see it doing so now!
What about what the others have said about it being necessary for my lender? Nothing came up in their survey or our own about the porch being unsafe! If it comes to it I am quite willing to pay out the indemnity myself just to get us ready to complete!

sonastin

timmyt - please stop concluding that every "solicitor" that makes a poor call must be a conveyancer instead. In every profession there are people who aren't up to the job. Lots of people can qualify without being able to deliver in the real world. I know a lot of (very capable) solicitors who don't know the first thing about property law and I'd put much more faith in a conveyancer than in their solicitor qualifications.

Its what you know, not which letters you've got after your name that counts. It doesn't help posters to claim that an incompetent solicitor must not be a solicitor - especially if the posters have been in the solicitors office and seen the framed certificates on the wall...

timmyt

sonastin wrote: »

timmyt - please stop concluding that every "solicitor" that makes a poor call must be a conveyancer instead. the facts support that she does not have a 'conveyancing solicitor' acting. In every profession there are people who aren't up to the job. Lots of people can qualify without being able to deliver in the real world. I know a lot of (very capable) solicitors who don't know the first thing about property law - obviosuly, as we specialise....'conveyancing solicitors' if that helps you understand and I'd put much more faith in a conveyancer than in their solicitor qualifications. you are mixing your terms and are very confused

Its what you know, not which letters you've got after your name that counts. It doesn't help posters to claim that an incompetent solicitor must not be a solicitor - especially if the posters have been in the solicitors office and seen the framed certificates on the wall...

what are you going on about as that has nothing to do with what I said.

timmyt

80schild wrote: »

Thanks Timmyt! I am going to phone them Monday morning to find out exactly what is going on! I could understand if the proch was built recently and they didn't have a FENSA certificate but 1978??? That's over 30 years-if it has not posed a Health and Safety risk in 32 years I can't see it doing so now!
What about what the others have said about it being necessary for my lender? Nothing came up in their survey or our own about the porch being unsafe! If it comes to it I am quite willing to pay out the indemnity myself just to get us ready to complete!

well it will only be about £50, but such a bad call by your conveyancer, Its why legal indemnity insuarnce came along....unqualified conveyancers started doing conveyancing and couldn't understand what to do in your factual case, and just shouted 'help' instead of realising their is no legal consequence.....and so insurance came along o help those idiots out...wholly un-needed, but has now dumbed it all down for the actual knowledgable lawyers around who are forced to get these policies sometimes only because they might be up against those idiots when they come to sell.

sonastin

timmyt wrote: »

what are you going on about as that has nothing to do with what I said.

You always comment along the lines of "bad at conveyancing law = not really a qualified solicitor".

What I'm saying is some solicitors who take on the job of conveyancing can be really bad at conveyancing. Passing the LPC doesn't mean that you are capable of doing a good job in a particular area and it doesn't stop a solicitor taking on a job that leaves them out of their depth. And some licensed conveyancers (which you seem to have a real chip on your shoulder about) don't have the wherewithall to get a law degree but they understand their specialism well enough to carry out the conveyancing for their clients.

So stop telling posters that the haven't hired a solicitor if you really mean "you haven't hired someone who specialises in conveyancing and has the experience to deal with your problem". Those are 2 different things.


OP - apologies for hijacking the thread. If it is a requirement of your lender, you might as well pay for the indemnity policy yourself if the vendor refuses. If neither you nor the lender is insisting, your solicitor should wind her neck in and take your instructions to proceed without it.

Hammyman

At the end of the day, you are employing your solicitor and paying the bill. Instruct him that you're happy to proceed without the indemnity insurance and to pull his finger out of his !!!! and stop holding the job up.