Urgent advice needed please

clockworks_2

I am remortgaing my flat so I can purchase a new property.

My solicitor dealing with the remortgage is awaiting for the following

1) Full Local Authority Search-
2) Section 106 agreement
3) Building completion certificate
4) Architects cert ( my flat is a conversion not a new build)

My flat was refurbished from an office block to flats in 2003.

The full local authority search and section 106 should be with us any day, and has been applied for.

I was never issued with the Architects certificate ( I am the third owner of the flat and it was bought as a repossession so the previous owner didn't pass on any paperwork)


I have been in touch with some of my neighbours and asked if they had any of the problems obtaining the Architects cert or Building completion certificate.

This is where the problems start- my neighbour said when he contact the council. some of the flats on the 5th and 6th floor all got the building completion certificate but our floor (3rd) didn't.

What can I do here?

If I call the council now I am sure they could send someone round to sign it off but my concern is that regs may have changed since 2003 (when the work was done ) and now.

For example my double glazing doesn't have vents in the them which I understand is a requirement now.

Would they likely not issue a completion certificate because of this?

I am really stressed now. As the seller of my new property wants to exchange as soon as possible. My solicitor dealing with remortgage is one I had to use from the panel of solicitors the lender supplied and is a nightmare. Hates it when I call. Won't give me straight answers.

I rang to ask what we could do, and all the solicitor said was when the Full local search comes in, he could check that to see if they flat is signed off.

But now I am pretty sure it hasn't been signed off what can I do?

I've read about buying a insurance policy to insure the mortgage lender against any problems, but will all mortgage lenders accept this?

Mine is with Paragon.

Sorry for the long post. I am really stressed at the moment.

clockworks_2

Just found this in the mortgage offer pack

"The solicitor must also provide the following documents prior to the request for funds:- Planning and building regulations consents (to include a building regulations completion certificate) for the building works that have been completed and/or Planning and building regulations consents for the conversion of the building into its present use. In absence of any specific planning approval, a lawful development certificate must be provided.␣
Indemnity policies in the absence of the appropriate building regulations and planning documentation are NOT acceptable to the Lender."

Should I arrange for a completion certificate from the council as soon as possible assuming I don't have one?

G_M

Take advice from your solicitor. Although he is appointed and paid by the mortgage lender, you are ultimately paying and you are the client.

It is his duty to comply with the lender's requirements, so ask him how he proposes to do this, or whether he cannot (in which case you will not get the re-mortgage approved).

clockworks_2

Would you happen to know if there are other options available to him?

clockworks_2

anyone else?

kingstreet

Ask if these issues "go away" when the conversion is more than ten years old, at some point this year?

clockworks_2

Just an update spoke to chap at building control first thing. Explained to him the importance of the certificate. He printed one in anticipation of it passing and handed it to me on the spot!

kingstreet

It's the Architect's Certificate which is the big issue. You could have got Building Regs indemnity insurance to satisfy the lender on that.

The AC is the guarantee for the property, like a 10 year NHBC Certificate.

That's why I asked if this goes away if you leave it until the ten years is up...

The S106 will also be important. Many lenders won't accept them because of the re-sale restrictions on repossession.

clockworks_2

I have requested the S106 , but the Architects cert is what I am missing .

Where can I request a copy of this?

thanks

kingstreet

Find out the Architect's details and approach them?

clockworks_2

Sorry to keep asking question after question. But how could I find out who the Architect was?