Building Regs Approval missed by solicitor

chrisyb

It has been proposed but rejected by our buyers. I guess understanderbly they are concerned about the safety of the structure.

Mark148

Would it be possible for you to do a local search of planning applications to the Local Authority Planning Department from the previous owner. At least if it shows that he applied for planning permission but it was refused then you could possibly pursue a civil suit. I am no expert but it may help.

Good luck

silvercar

chrisyb wrote: »

It has been proposed but rejected by our buyers. I guess understanderbly they are concerned about the safety of the structure.

Commission a structural survey yourself. That way you can show potential buyers how safe the structure is and the likely costs should they wish to comply.

Richard_Webster

In terms of the sellers notifying the solicitor then they did infact do all the work themselves. They even showed us a bloody video of the whole thing being demolished and reconstructed. This is major work that they had carried out and as such they cannot plead ignorance.

So you may be able to sue them but where are they and have they got any money?

Crucial thing is whether you told your solicitor about the works.

mufi

Richard_Webster wrote: »

So you may be able to sue them but where are they and have they got any money?

And, if I'm right about the time limit, was it under six years ago?

chrisyb

OK I have a pretty good update to this. I have all the documents relating to the sale from the solicitor. BTW this was 2004. The owners did declare the structual work had taken place in 2000 including a loft conversion. The next question states if yes what consents were given and also next question 'has consent under those restrictions been obtained for anything else at the property' and if consent was needed but not obtained are all left blank:mad:

They have also ticked the box below to say that planning permition or building regulation approval or consent for the changes was not obtained.

At this point I think it is clear that our solicitor has dropped a b....ck? Surely we have a case if he has not persued this?

chrisyb

Right got another letter wherby the solicitor has written to the other party asking if alterations have taken place and if so to supply building regs approval, certificates and restrictive covenants etc. Also asked whether any alterations or additions have been made since construction. It then says in view of cottingham v bower please provide copies of planning permissions and building regulation consents or a letter from local authority.

I dont have a copy of the reply to this letter, however I do know that nothing was obtained and we are sitting here unable to sell the property:(

chrisyb

Yes I had a survey but dont have a copy of the report! Surely the solicitor is at fault as a) they knew about the building modifications and b) they knew that they did not have planning permission yet failed to get the relevent paperwork.

As I said this was my first home move, I was young and took the advice of my broker who recomended the solicitor. Yes I know I made a frickin mistake, but surely you pay these people to look after your interests and protect you, no?

chrisyb

timmyt wrote: »

yep, looks like the conveyancer is at fault, but the biggest culprit is your surveyor, as you paid him to go in to inspect for such things and his report was silent.

the loft conversion without building control after 11 years is well and truly immune from enforcement, as is planning.

Thanks, kind of puts my mind at rest a little as this has been extremely stressfull and potentially now to get the retrospective approval will cost a hell of a lot of money, which I dont have:(

Doozergirl

timmyt wrote: »

yep, looks like the conveyancer is at fault, but the biggest culprit is your surveyor, as you paid him to go in to inspect for such things and his report was silent.

the loft conversion without building control after 11 years is well and truly immune from enforcement, as is planning.

timmyt, although the chance of enforcement from Building Control is tiny, it is not 'well and truly immune'. Planning, yes, but building control can enforce with a court order. We know that's highly, highly unlikely to ever happen but if you're a solicitor, you can't make a categorical statement like that!

And I'm struggling as to how it's a surveyor's fault when no one has even seen the surveyor's report? The solicitor had the information they needed

OP, please do not speak to Building Control directly about your property! It will invalidate any indemnity policy and that is when this might become expensive. I'd follow silvercar's advice. There will a buyer out there that won't be so concerned, but you will need to prove structural integrity. I'm sure, after 12 years that the structure is fine. You'd have seen evidence before now if it weren't.