Extension needing Retrospective build over agreement 30 years on?

pez4prez

Please could someone advise as going through bit of a stressful situation.

Put an offer in on first property and was accepted and survey came back with no major issues.

My Conveyancers then got involved and noticed that the property had an extension 32 years ago that was built over part of a sewer. The seller is now contacting the local water authority and are in the process of trying to get a retrospective build over agreement.

The water company have also advised that when it was built a build over agreement was not required and the local land charges register has that there is a restriction on the building due to being built over a sewer.

I am now concerned in regards to the property. This is a terraced house and in a row of about 90 houses but my concern is if I should go ahead with the purchase.

If the build over agreement is retrospectively agreed does this mean I will no longer have any issues and I can go ahead with it and if I do go ahead could any problems creep up in the future.

Any advice would be greatly appreciated and the strange thing is the house was bought and sold 6 years ago but don't know why this hasn't shown up previously as local land charge register was updated in 2002.

pez4prez

bumpbumpbump

Davesnave

What kind of 'restriction' is shown in the land charges register?

I think my main concern here would be to ensure the extension was done with due regard to the sewer i.e. bridging it properly without putting any extra loading on it. Even in 1981, care was usually taken over matters like this. Are there no records in your council planning archive? We had ours in there, relating to a build-over in 1989.

If problems haven't shown up by now it's unlikely that they will, however.

A building over agreement, tends to favour the water company, giving them the right to enter the property and break up the floors, if necessary, in order to repair their pipes, so I'm not sure how having one would benefit you. In practice, there are ways of repairing and/or re-routing which would avoid this approach, which is probably only taken in extremis.

pez4prez

I am being advised a build over agreement is required as without it if there is a problem with the sewers then the water board can request the extension is removed at my cost.

I am advised if a build over agreement is in place then this situation wont occur as the property will have permission to be there!

Riggster

Firstly make sure you have employed a good conveyancing solicitor.

Secondly, assuming the above, take his/her advice.

Thirdly, make sure the vendors pay for this and have it in place before exchange of contracts.

Fourthly, do you need this !!!!? Is there a similar property for a similar price that doesn't have these issues?

pez4prez

Riggster cheers

currently in process of getting this sorted but am having major 2nd thoughts at moment especially when the estate agents and seller tried to bully me to complete without retrospective permissions in place.

10 weeks till mortgage offer runs out and im close to walking away as nothing from seller or solicitor in 2 weeks and no answer from the EA either

Riggster

pez4prez wrote: »

Riggster cheers

currently in process of getting this sorted but am having major 2nd thoughts at moment especially when the estate agents and seller tried to bully me to complete without retrospective permissions in place.

10 weeks till mortgage offer runs out and im close to walking away as nothing from seller or solicitor in 2 weeks and no answer from the EA either

The seller and their Estate Agent need you to buy the property more than you need to buy the property. There's loads for you to choose from, but they will find few suitable buyers.

Chase YOUR conveyancing solicitor (daily by phone and e-mail if necessary).

If you have a good conveyancing solicitor, all they will be interested in is protecting you and your interests. Lots of people say my conveyancing solicitor is "too picky", but strangely its only vendors and Estate Agents who want to make money out of buyers like myself.

Also, don't worry so much about having only 10 weeks left on your mortgage offer. A phone call to your lender from yourself or your conveyancing solicitor, explaining the circumstances, should easily allow a time extension.

And a lot can happen in 10 weeks

pez4prez

chased up estate agents who went to sellers solicitors and they are advising that the water board has been contacted but no one knows about time it will take.

Just got to be patient and wait now but waited 4 months already!!

Guest101

I'd put some pressure on them. Ask the same EA to view some other propeties and explain the delay is not really acceptable.