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A couple of Points My Solicitor has Raised about Covenant and Certification for Work
united4ever
Posts: 551 Forumite
Hi, in the process of buying a 1930s semi. Got a letter from solicitor asking the below questions. Can I ask the forums thoughts on these points? The first point below it seems I have to make a decision on.
1, The seller installed windows in 2011 and have not been able to provide a FENSA certificate or equivalent which would show that the building was built in accordance with building regs. The seller has offered to provide a building regs indemnity policy in respect of these works - this is an insurance policy that would protect you financially in the event that the local authority were to protect you against the local authority enforcing action (the risk is a low one). The policy does not protect you against workmanship. The only other alternative is for the seller to obtain a retrospective certificate - this can take time and is subject to the sellers agreement to obtaining the same from building regulation control. Please can you confirm if you are satisfied with the indemnity policy or would like to pursue the retrospective certificate with the seller?
2, I have reported to you on title and you will be aware that you are not to carry out any alteration/addition to the property without obtaining consent from the original seller of the property (or their successor) who in this case are the Compton Group. The seller has carried out some alteration/addition to the property and they were not aware of the requirement to obtain this consent. Theoretically the seller therefore has breached a restrictive covenant. The seller's solicitor has instructed that the seller is agreeable to taking steps to obtain retrospective consent at the seller's cost from the Compton group - I will keep you updated once this is received.
Now then, I looked at the house with my dad who is a builder and he said the windows looked good. My gut feeling here is that it's fine. I cannot see the council having a problem with them. Regarding workmanship etc I didn't expect to have any guarantees still running on things like windows when I agreed to buy the house so am just happy that they have put windows in so recently. Am I being naive here - should I pursue it? I am thinking of just accepting the indemity policy
The second point was a bit of a surprise to me. Is this common with a freehold property? They have had a 2 storey extension put on. Is there any chance that this Compton Group would come round and say they have to demolish the extension?(which is only at the back and not visible from the front). Anyway, they will go for retrospective consent so as long as they get that then it's ok......but are these covenants ever a problem in practice? I may want to change the property myself in future.
1, The seller installed windows in 2011 and have not been able to provide a FENSA certificate or equivalent which would show that the building was built in accordance with building regs. The seller has offered to provide a building regs indemnity policy in respect of these works - this is an insurance policy that would protect you financially in the event that the local authority were to protect you against the local authority enforcing action (the risk is a low one). The policy does not protect you against workmanship. The only other alternative is for the seller to obtain a retrospective certificate - this can take time and is subject to the sellers agreement to obtaining the same from building regulation control. Please can you confirm if you are satisfied with the indemnity policy or would like to pursue the retrospective certificate with the seller?
2, I have reported to you on title and you will be aware that you are not to carry out any alteration/addition to the property without obtaining consent from the original seller of the property (or their successor) who in this case are the Compton Group. The seller has carried out some alteration/addition to the property and they were not aware of the requirement to obtain this consent. Theoretically the seller therefore has breached a restrictive covenant. The seller's solicitor has instructed that the seller is agreeable to taking steps to obtain retrospective consent at the seller's cost from the Compton group - I will keep you updated once this is received.
Now then, I looked at the house with my dad who is a builder and he said the windows looked good. My gut feeling here is that it's fine. I cannot see the council having a problem with them. Regarding workmanship etc I didn't expect to have any guarantees still running on things like windows when I agreed to buy the house so am just happy that they have put windows in so recently. Am I being naive here - should I pursue it? I am thinking of just accepting the indemity policy
The second point was a bit of a surprise to me. Is this common with a freehold property? They have had a 2 storey extension put on. Is there any chance that this Compton Group would come round and say they have to demolish the extension?(which is only at the back and not visible from the front). Anyway, they will go for retrospective consent so as long as they get that then it's ok......but are these covenants ever a problem in practice? I may want to change the property myself in future.
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Comments
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Personally, I wouldn't worry about the windows.
I think you can insure against a covenant being enforced but not if it has been drawn to the attention of the covenant holder.
In general, I believe it is very unlikely that the covenant will be enforced if it is long-standing and the person/company who set it up is probably long gone. However, the Compton Group seems to be still active in property and I think you definitely want this resolved before going through with the purchase.Je suis sabot...0 -
Yeah, think I will proceed as long as they can satisfy the covenant issue.0
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