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Conservatory build date etc issue.......

phoebe1989seb
Posts: 4,452 Forumite


Hi folks,
We have accepted an offer on our house and the sale is proceeding (hopefully
). We have a conservatory that is of timber construction on a dwarf wall with a glazed roof. This we believe was built some time between 1980 and 1990. It has been well-maintained over the years and as a result has some life left in it.
When we purchased the house in late 2007 the property information questionnaire contained the following -
'Changes to the property -
Have any of the following taken place to the whole or any part of the property (including the garden) and if so, when?
(a) building works (including loft conversions and conservatories)'
and the vendors ticked 'no'. We assumed therefore that the question referred to building work that had taken place during their ownership of the house - which was since 2003 and neither us nor our solicitor queried this.
Now we have sold and the form has changed slightly insofar as it asks when any such work was carried out and whether the relevant paperwork is available/lost etc.
Obviously we don't have this paperwork and guess that neither did the previous owners as they didn't build the conservatory.
Within our copy of the title register there is also a clause regarding a covenant saying that -
'Plans and specifications of all buildings and outbuildings or additions thereto must be submitted to the Vendor and his consent thereto in writing obtained prior to building.'
I should point out this relates to the original vendor of the land on which our house was built in 1935 and I believe he passed away in the 1950s. It also states that the owner is not allowed to pitch a tent or park a caravan on the site without the original vendor's consent!
Our buyers' solicitor has asked for 'evidence of consent under the terms of the restrictive covenants for the addition of the conservatory'.
Of course we do not have this................
Am I right in thinking that building regs came into force in the mid 1980s?
We have a near neighbour who owned the property sometime between the 1980s and early 1990s and indeed may have had the conservatory built. Unfortunately he has terminal cancer so we don't want to bother him unnecessarily, especially as it's unlikely that he would still have the relevant documentation after all this time.
The property has been sold a handful of times since 1990 and it would appear that this hasn't been an issue previously.
We don't know what we can do in response to this query by our buyers' solicitor
Any advice would be gratefully received. Thanx xxx
We have accepted an offer on our house and the sale is proceeding (hopefully

When we purchased the house in late 2007 the property information questionnaire contained the following -
'Changes to the property -
Have any of the following taken place to the whole or any part of the property (including the garden) and if so, when?
(a) building works (including loft conversions and conservatories)'
and the vendors ticked 'no'. We assumed therefore that the question referred to building work that had taken place during their ownership of the house - which was since 2003 and neither us nor our solicitor queried this.
Now we have sold and the form has changed slightly insofar as it asks when any such work was carried out and whether the relevant paperwork is available/lost etc.
Obviously we don't have this paperwork and guess that neither did the previous owners as they didn't build the conservatory.
Within our copy of the title register there is also a clause regarding a covenant saying that -
'Plans and specifications of all buildings and outbuildings or additions thereto must be submitted to the Vendor and his consent thereto in writing obtained prior to building.'
I should point out this relates to the original vendor of the land on which our house was built in 1935 and I believe he passed away in the 1950s. It also states that the owner is not allowed to pitch a tent or park a caravan on the site without the original vendor's consent!
Our buyers' solicitor has asked for 'evidence of consent under the terms of the restrictive covenants for the addition of the conservatory'.
Of course we do not have this................
Am I right in thinking that building regs came into force in the mid 1980s?
We have a near neighbour who owned the property sometime between the 1980s and early 1990s and indeed may have had the conservatory built. Unfortunately he has terminal cancer so we don't want to bother him unnecessarily, especially as it's unlikely that he would still have the relevant documentation after all this time.
The property has been sold a handful of times since 1990 and it would appear that this hasn't been an issue previously.
We don't know what we can do in response to this query by our buyers' solicitor

Any advice would be gratefully received. Thanx xxx
Mortgage-free for fourteen years!
Over £40,000 mis-sold PPI reclaimed
Over £40,000 mis-sold PPI reclaimed
0
Comments
-
I'm not sure why you're asking about Building Regulations, the question doesn't relate to that, nor would it apply.
As for the restrictive covenant, if there is no paperwork then your solicitor can buy an indemnity policy to protect you from the dead vendor and his family coming back to enforce itWill cost a couple of hundred quid maybe, but it gets the problem out of your hair..
Everything that is supposed to be in heaven is already here on earth.
0 -
No one is going to do anything about a conservatory that's been there 20, maybe 30 years, especially someone who's been dead for 60 years! If there are any "successors" to the covenant, it's just not worth their effort.
Its value as part of the sale price will be minimal, negligible even.
Tell buyer's solicitor the truth, you have and never have had any paperwork whatsoever concerning the conservatory. If they make a fuss, offer to demolish it - about 2 hours work with a sledgehammer.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Thanks guys - I quite agree, it's unlikely that the vendor's successors (or his ghost, lol!) will come out of the woodwork especially as the whole estate was once owned by the same guy and very many houses have had additions made to them over the interceding years.
I was just concerned that in this day and age of nit-picking and being ultra careful, this may be a deal-breakerMortgage-free for fourteen years!
Over £40,000 mis-sold PPI reclaimed0
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