please help meant to exchange tomorrow but...

tudorfan22

basic history i have been buying a house and selling my flat, we are due to exchange contracts tomorrow but my mortgage company (abbey) have refused my mortgage at literally the 11th hour. basically the new house has a conservatory joined to the extension, there is an archway linking the two rooms. the surveyor said that because there is no door linking the two rooms it would not meet new energy efficiency rules and wouldnt satisfy planning regs. my solicitor said this is fairly standard and providing the owners of the house take out an imdemnity policy covering us if the council decided to take action we'd be covered. the owners took out the indeminity policy but now the abbey have said they want written confirmation from the council that they will never take action - which for all i know could take weeks! the upshot being that im meant to be exchanging contracts tomommow and if my solicitor asks the abbey for my money they are gonna say no way jose!!!

im beside myself with worry - is there any advice anyone can give me or has anyone been through anything like this. im terrified that weve reached stalemate and i cant get a mortgage and everyone in the chain will pull out cos were such trouble and are taking too long - does anyone know what i can do so that maybe i can sleep tonight!!

thanks all!

linda.b_4

Not sure if this is possible but, can a door be put between the two rooms? If so would you be able to send a letter via your sols stating that within a certain period of time, say 1 month, you will have a door put between the rooms. They might hold back a few grand until done but it might be worth a shot.

tudorfan22

my EA said that even if a door is put in then the surveyor would need to go in and check it - knowing what a jobsworth he is he'll prob have something to say about it and its just another delay i could do without!

i have my sol, my EA and my mortgage advisor on the case - can they do anything??? when i spoke to the EA of the people we are buying off of, she said 'well i dont know what to advice you!!' not very helpful.

why isnt the indemnity enough i wonder??

robwend

im sure your buyers will wait, i doubt there stupid enough to pull out right at the end. i understand your upset but i think your panicking when this can be sorted, take a deep breath,phone your sol tommorow, get hold of the council. <see what they say and the next move>. its not like exchanging cant be delayed a little, its not like this is all happened on moving day. best of luck xxx

RobertinHerts

Thanks for sharing your painful problem. We are signing our Contracts tomorrow prior to Exchange and are also being told an Indemnity will suffice to cover lack of Building regs consent. However our mortgage company is also Abbey so I now know to question our solicitors. Best wishes.

seven-day-weekend

It is Building Regs you are talking about if it is about energy efficiencey, not Planning Permission.

I have replied at greater length in your other thread: it hopefully won't take yoo long for you to get the letter you mentioned; I used to write them all the time when I worked in Planning.

tudorfan22

thanks all guys - youve all been super helpful and put my mind at rest for the moment - just one more hoop to jump through - hopefully it'll all be worth it. dont suppose anyone knows anyone super sweet and nice in the shoreham by sea branch of adur council building reg dept who'll be suseptible to a tearful phone call at 9.01am tomorrow morning???!!! only kidding!