Fuming!!

shelleyg222

I just wanted a rant really, and wondered if this had happened to anyone else?
We are supposed to be exchanging contracts tomorrow ready for completion next week. When we went to sign, our solicitor went through the forms with us, and we noticed that the lady we are buying from had not filled in anything about the conservatory which has been built on the house. Our solicitor (who is really nice) explained that it wasnt a problem, he would write to her solicitor asking for planning permission/building regs etc and if she didnt have this, she could buy an indemnity policy before exchange. We have since been to view the house again, my husband casually mentioned this to the lady, who insisted they didnt need it when they bought the house and it was just our solicitor trying to make money from us all.
Today, the day before exchange, my solicitor has just called to say that he has received a letter from the lady's solicitor saying they refuse to buy an indemnity policy, they refuse to discuss it further, and if we push for it they will not go ahead with the sale.
Im so angry. Our solicitor has given us the option of buying the indemnity ourselves, or calling her bluff, or straight out refusing and walk away.
She has us over a barrall. If we walk away we are set to lose the estate agents fees, the solicitors fees and most probably the buyer for our house. If we call he bluff, the same. The policy is only £200 (which is better than £3000) but I still think it is so unfair that she can put us in this position. To make matters worse, my husband went to the house the other day the help her take down her light fittings so she didnt have to pay someone to do it!
The house needs lots doing to it, it is so run down, but will make a great family home. I just dont see how she can be above the law, and we have to pay for it. Even our solicitor is shocked by her.

BitterAndTwisted

What's £200 compared to all of the other costs associated with buying a property? A drop in a bucket

kingstreet

Did it need building regs approval?

Below a certain size and type of construction they don't. Same with PP.

I'm sure there may be someone with more detail on this.

DizzyDasher

I agree - she is a very annoying woman but if it's just an additional £200 for the perfect house then refusing sounds like cutting off your nose to spite your face.

I had friends last year in a similar situation. Their seller was totally unreasonable, kept messing them around, and they ended up renting for 6 months waiting for the house with all the costs entailed. But in the end the house (also needing lots of updating) was in an amazing location on a great plot and houses like that very rarely come up for sale in that town, so the seller knew they couldn't just back out and "wait for another one", and they knew it too.

Some people are just horrible. Best to ignore them as much as possible and then move on. She will be horrible her whole life, and you only have to deal with her for another couple of weeks (and just think how pleased your new neighbours will be, assuming she is similarly difficult with them!)

On the indemnity: are you sure you need it at all? I think the Council has a limited period in which to object, so unless the conservatory is new it may not actually be an issue. Maybe double-check with your solicitor? When we bought the extension didn't have planning permission, and the previous owners had bought a lifetime indemnity that they passed on to us, but as it was pretty old (definitely there in 1984 based on a damp survey from the time, and possibly longer ago) our solicitor advised that actually that wasn't necessary as it was much too late for any enforcement action. Your solicitor should be able to advise on this, and if your seller can provide evidence of when it was built you may be able to avoid the cost altogether.

charltonkeston

I wouldn't worry about it.
Its only a conservatory, whats the worsed that can happen?
The council make you apply for planning permission (which it most likley donsn't need anyway)? As long as it looks reasonbly sound I wouldn't let the deal fall through for that.
I would imagine the lady your buying off most likley feels the same.

vasseur

Pay it and think karma....:)

None of this will matter when you're in your lovely new house. If you walk away or call her bluff and it backfires you will be regretting it for months to come.

Keep us posted.

C_Mababejive

Dont pay anything..just go ahead with the purchase. Its only a conservatory,not a diy loft conversion and anyway, when it was built it was likely to be within the permitted development rights for the property.

Doozergirl

Is there anything special about this house? Listed Building? Conservation Area? Area of Outstanding Natural Beauty? Permitted Development rights formally removed for some other reason (Barn Conversion)?

My reason for asking is that conservatories in the vast, vast majority of cases need no Planning Permission and no Building regulations Approval.

There is a likelihood that your solicitor is entirely wrong and that no indemnity policy is needed at all!

honey9

I'm pretty sure if something was built more than 5 years ago then there is indemnity anyway; when we bought last year, the solicitor couldn't find out if the small extension had had planning permission but because it was built in 2001 it turned out that it didn't matter. The council only has 5 years to object/do anything about it.

holly_hobby

Hi ...

Re conservatorys ... application for planning permission IS only required if :-

1. The proposed conservatory is on any wall fronting the highway. Note: Definition of Highway for this purpose encompasses public footpaths, bridleways and byways. And also includes any rear entry path i.e if it is possible for someone to enter the path in one location and exit in a different location.

2. The property is a listed building or in a conservation area.

3. The property is non-residential or anything other than a single dwelling.

4. The conservatory is higher than any part of the original building.

5. The conservatory and other additions to the original house exceed 50% of the total area of the garden within the boundaries of the property.

6. Eaves, fascias, foundations or guttering encroach over the boundaries of the property.

So as long as the conservatory in place doesn't breach any of the above - planning permission is not reqd, and is probably why the vendor wasn't asked for it when she originally purchased the house, and has made the comments she has.

Hope this helps clear things ...

Holly

shelleyg222

Thanks for all your comments they are really helpful.

Our solicitor hasnt said we need to buy the indemnity, but the main reason he suggested the lady provide it is that the length of the time that the lady has had the house, if she didnt build the conservatory and the previous owners did, the time scale suggests that this breaches the terms of the deeds that no conservatories are built within 5 years of the house being built.

I am a born worrier and probably wont settle if we dont get this sorted.

In terms of the size, the conservatory is larger than average. The solicitor has explained that usually our council usually only takes action under certain circumstances and within a certain time.

I think I am more furious at how the lady had dealt with this. She has been nice as pie when things go her way but can be nasty when they arent (apparently she made one of the staff in the estate agents cry because she was so rude).

She has written in the letter to our solicitor that she wont pay because she accepted £7000 under asking price for the house (the house needs loads of work doing).

She basically knows that she stands to lose a couple of hundreds pounds by pulling out (she isnt in a chain) when we would lose more.

I do apologise for my rant, I know the sensible thing is to get it sorted, and thats what we will do. I just let myself get really wound up!!!