Builders Gone into liquidation

[Deleted User]

Thanks for that Mike. Yeh I've thought about that but I live quite a distance away so not easy to pop round. Might drive over at the weekend or try ring one of the other estate agents for a similar house on the estate. They should know?

RobertoMoir

funk_punk wrote: »

Any other opinions?

I'd walk away if that's what your solicitor has advised. If you want to ask for a reduction based on this news then you need to get an idea of the 'average case' costs if the worst happens, as thats probably a reasonable figure for risks.

nikki1520

I googled council name & street name & s206 agreement

This led me to the archives on the council website. Fortunately for me, our house was build less than 20 years ago - it may differ for an older property

[Deleted User]

nikki1520 wrote: »

I googled council name & street name & s206 agreement

This led me to the archives on the council website. Fortunately for me, our house was build less than 20 years ago - it may differ for an older property

Thanks will have a look to see if I can find anything.

nikki1520

nikki1520 wrote: »

I googled council name & street name & s206 agreement

This led me to the archives on the council website. Fortunately for me, our house was build less than 20 years ago - it may differ for an older property

I am RUBBISH - sorry Funk_Punk, it's a Section 106 agreement. Feel free to throw the newspaper at me!!

patman99

Usually a Section 106 charge is applied to the development as part of the planning process. This in turn is included in the sale price of each property, so whoever first bought the house would have paid it.

It is not unusual for estates of freehold properties in which there are communal areas to pay a service charge. However, in order to do so, the residents would have to set up a managment company (unless the developers had already done this). This management company can then decide (if it so wishes) to incorporate the communal areas into people's gardens or sell them as building plots, divide the cash between the residents then wind-up the company and declare the unfinished road 'Property of the Crown', thus making the Local Authority responsible for it by default.

As for Covenants, these can only be enforced by the company or individual who placed them on a property in the first place. As the builder no longer exists, neither do the covenants.

My neighbour found this out to his cost when he tried to invoke a covenant that prevented the parking of commercial vehicles (inc. vans) on site. His solicitor advised that as the original builders who put the covenant it place no longer existed, there was no legal way to enforce said covenant.